Saturday, December 31, 2011

Illegal Debt Collection Tactics Part 5 - Calling Before 8 AM or After 9 PM

Illegal Debt Collection Tactics Part 5 - Calling Before 8 AM or After 9 PM

The Fair Debt Collection Practices Act, or the FDCPA, was designed to work with the Consumer Credit Protection Act and to protect people from unfair collections practices such as collections calls, which are direct FDCPA Violations. The law was signed into effect by the U.S. Congress in 1978, and originally instituted by the Federal Trade Commission. It's purpose is to protect consumers being harassed by third party collections agents who are using unethical and illegal methods of collecting debts owed to creditors.

Thousands of complaints are lodged by consumers every year against third party collections companies when they believe their rights have been violated. Working with the Attorney General of many of the states, laws have been enacted at the local level by several states to work in conjunction with the federal law and further protect people from unlawful collections activity.

The Fair Debt Collection Practices Act is very specific in its regulations regarding collections activity. Under the law, there are a number of actions that a debt collector can take, but many of the methods practiced by companies throughout the country are at the least unethical, and in many cases, illegal. The FDCPA is a law every consumer should be aware of, especially when dealing with a difficult financial situation which is placing an additional burden on your family.

When you have a debt that's been handed over to a third party for collections, before you take any action, you must be aware of your rights and you must get as much information as you can before proceeding. Find out who the debt is owed to, what the amount is, and what it's actually for. If you're getting collections calls, you should know that the FDCPA prohibits certain communications. Under the law, a collection company can't call you before 8 am or after 9 pm.

On person in Texas began getting calls from a collections agent about a loan he had taken out. He repeatedly told the agent he hadn't taken out any such loan, but they persisted with their collections calls started coming in to his office, which his employer didn't appreciate. He was able to get a letter from the debtor and found out that his ex wife had signed his name to a loan, and she was nowhere to be found. He was able to provide documentation that the signature on the original document wasn't his, and the matter was resolved.

This case is a perfect example of unscrupulous collections agents and their illegal methods. The person in question wasn't aware that under the Fair Debt Collection Practices Act, the early morning and late evening collections calls at his home, as well as the persistent phone calls at work, were illegal. The FDCPA specifically states that in addition to specific times set forth that collections agents may call a debtor, they may not call you at work if your employer hs a policy against personal calls and you notify the collections agent in writing. Any company using these methods is committing FDCPA violations.

Illegal Debt Collection Tactics Part 5 - Calling Before 8 AM or After 9 PM

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