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Knowing your Rights: The Fair Debt Collection Practices Act



Being in debt doesn’t mean that you are at the mercy of your creditors. In fact, in 1977, the United States Congress passed the Fair Debt Collection Practices Act. Commonly referred to as FDCPA, the Fair Debt Collection Practices Act was drafted in order to prevent debt collection agencies from abusing or harassing debtors. This act outlines the limits to which collection agencies can pursue debts. The act also specifies the legitimate steps that collection agencies can take in order to collect payments for debts. Meanwhile, the act also provides options as to how debtors can respond to debt collection agencies.

To begin with, what debts does the Fair Debt Collection Practices Act cover? Generally, the act is applicable to personal debts as well as family debts. It also includes household debts. More specifically, it applies to credit card debt, car payments, and even house mortgage. It also covers retail financing as well as costs incurred for medical care.

Before we delve further into the specifics of the law, it is important to remember that the Fair Debt Collection Practices Act only covers debt collectors who collect debt on behalf of others. This includes lawyers who pursue debts for their clients as well as collection agencies which conduct debt collection services for other companies. This means that this act does not apply to in-house collectors. In-house collectors are those who work for the collection department of the very business which you owe money to. For instance, a store has its own credit collection department. If the store’s collection department contacts you regarding a certain debt, it does not have to act according to the Fair Debt Collection Practices Act.

For your safety, it is important to know what practices are prohibited by the Fair Debt Collection Practices Act. Here are some of the activities that debt collectors may NOT do:

1) Your debt collector is not allowed to reach out to other members of your family or anyone else in your workplace.

2) The debt collector cannot harass you with repeated phone calls or unreasonable visits. This means that when he is contacting you regarding your debt, he can only call or visit within the hours of 8:00 am and 9:00 pm.

3) The debt collection agency cannot insult your person. He cannot use racial slurs. He is also not allowed to speak to you using profane or obscene language.

4) Unless he is backed by legal documents, the debt collector cannot threaten you with lawsuits or repossession.

5) The debt collector cannot falsely represent himself. He cannot use materials that will make the debtor think that he is a lawyer or he is affiliated with the government.

6) The debt collector cannot charge you extra fees, collection fees and other amounts that are not included in your original debt.

The Fair Debt Collection Practices Act was passed to make sure that debt collectors act honestly and fairly. It doesn’t favor debtors; it simply safeguards both parties from harmful activities.


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Iowa trash hauler owes $30 million in taxes, US alleges - Indianapolis Star


Iowa trash hauler owes $30 million in taxes, US alleges
Indianapolis Star
David Purdy/The Register James L. Watts and businesses under his control have accrued millions in debts to the state and federal government. Here is some of what Watts owes to the IRS and Iowa Department of Revenue, according to a lawsuit filed against ...
Government: Watts tried to hinder collectionsDesMoinesRegister.com

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Slip 'N Slide (The Note) - ABC News (blog)


Slip 'N Slide (The Note)
ABC News (blog)
Chuck Grassley, R-Iowa, and Sen. Jeff Sessions, R-Ala., wrote in a letter sent last week to Ninth Circuit Court of Appeals Chief Judge Alex Kozinski. The court, which is based in San Francisco, has jurisdiction over nine states, including Hawaii.

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CBE Group Presents at NARCA 2012 Spring Collection Conference - Virtual-Strategy Magazine


CBE Group Presents at NARCA 2012 Spring Collection Conference
Virtual-Strategy Magazine
CBE Group (CBE), a leader in the debt collection industry, announced that its Senior Vice President and General Counsel, Michael L. Frost, will present at the National Association of Retail Collection Attorneys (NARCA) 2012 Spring Collection Conference ...

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Romney's Make-Believe Story on the Economy - New Republic (blog)


New Republic (blog)

Romney's Make-Believe Story on the Economy
New Republic (blog)
Romney's latest attempt to promote this theory came on Tuesday, during a campaign speech in Iowa. The focus of the speech was federal debt and Obama's supposed failure to reduce it. “A prairie fire of debt is sweeping across Iowa and our nation,” ...
Mitt Romney in Des Moines: Remarks as prepared for deliveryDesMoinesRegister.com (blog)
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GOP's post-SCOTUS plan takes shape - Both sides settle into debt fight ... - Politico


GOP's post-SCOTUS plan takes shape - Both sides settle into debt fight ...
Politico
It's a move meant to further denigrate the law, and put a squeeze on Democrats in states with big manufacturers — such as Massachusetts and Minnesota. Happy Thursday and welcome to PULSE, where we learned something new about Washington yesterday: ...

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