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Violations Of Fair Debt Collection Act Article
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Defend Yourself with the Fair Debt Collection Act
In 1977, the United States’ congress passed the Fair Debt Collection Practices Act. Commonly referred to as the Fair Debt Collection Act, this law was drafted in order to provide guidelines, procedures and limitations to regulate the activities that are done in debt collection processes. Because of the Fair Debt Collection Act, debt collectors have refrained from using threats, lies or insults to harass and intimidate debtors.
In order to understand this act, you must first have an understanding of what a debt collector is. According to the Fair Debt Collection Act, a debt collector is someone who “uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another”. To put it simply, a debt collector is someone who collects payments that debtors owe to another company. For example, you have a delinquent account with a credit card company. Once the credit company feels that too much resource is required to pursue you to make payments, it will hire a debt collector to pursue the payments for them.
Now that you understand what a debt collector is, you must also know what the debt collector’s job entails. The Fair Debt Collection Act details the information that your debt collector must give you. Remember, for the debt collection activity to be legitimate, you should first be supplied with documents that will help you understand the situation you are in.
Once the debt collector has contacted you, he has five days to provide you with the following:
1) The exact figures regarding that debt that you supposedly owe.
2) Information about the creditor that you owe the debt to.
3) The debt collector must tell you that you have a maximum of 30 days to raise your doubts or disagreements regarding the nature and specifics of the debt. If you do not dispute the debt, the collector assumes that the debt is valid and binding.
4) In case you claim that you have no debt, the debt collector must immediately send you documents and other certificates that will verify the debt.
5) Under the Fair Debt Collection Act, the debt collector should inform you that if you have switched creditors, you are allowed to ask for information regarding your original creditor.
As you can see, the Fair Debt Collection Act mandates that the debtor be given adequate details as well as ample time to evaluate them and raise whatever concerns he may have. If for some reason, the debt collector becomes aggressive and abusive, the Fair Debt Collection Act also gives the debtor the right to sue the debt collector.
However, the debtor must remember that the Fair Debt Collection Act of 1977 does not erase debts. It isn’t a get-out-of-debt ticket. It simply ensures that debt collectors will be able to do their work and solicit payments without violating the rights of the debtors.
Violations Of Fair Debt Collection Act Specific links
Violations Of Fair Debt Collection Act News
Debt Collector to Answer for Confusing Letters - Courthouse News Service
Debt Collector to Answer for Confusing Letters Courthouse News Service Walls in turn filed a federal class action that claimed that the letter did not clearly state the name of his creditor, in violation of the Fair Debt Collection Practices Act. He said there was no "explanation of the relationship between Resurgent and ... |
FTC settles with debt collectors over bogus magazine payments - Chicago Tribune
 The Consumerist (blog) | FTC settles with debt collectors over bogus magazine payments Chicago Tribune According to the FTC's complaint, the defendants, who handle collection of hundreds of thousands of accounts each year, violated the FTC Act, the Fair Debt Collection Practices Act and the Telemarketing Sales Rule. The complaint also alleges that the ... Debt Collectors Settle With The FTC, Say They Won't Pose As Ed McMahon Anymore Fake debt scam surfaces in Upson County |
Asset Acceptance faces class-action suit over time-barred debts: Plain Dealing - Plain Dealer
 Plain Dealer | Asset Acceptance faces class-action suit over time-barred debts: Plain Dealing Plain Dealer Beachwood attorney Anand Misra, who represents consumers, said the trial will determine whether Asset violated the Fair Debt Collection Practices Act by pursuing judgments against Ohio consumers for time-barred credit card debts. |
Debt collector sued for contacting consumer over expired debt - Southeast Texas Record
 Southeast Texas Record | Debt collector sued for contacting consumer over expired debt Southeast Texas Record Claiming the debt collector waited too long to call him, a Lumberton resident has filed a lawsuit against the debt collector for violations of the Fair Debt Collection Practices Act. Mark Carter filed suit against Dynamic Recovery Services Inc. on May ... |
Private collection firms go after public debt in Fulton - Atlanta Journal Constitution
Private collection firms go after public debt in Fulton Atlanta Journal Constitution Pouya Dianat, AJC Fulton County is turning over to collection firms the names of people who not paid code violation fines or parking tickets. Expect letters and phone calls from strangers who don't give up easily. Starting this month, unpaid tickets ... |