This federal law outlines what information debt
collectors can gather on you. It contains specific rules on how debt collectors
can communicate with you at home and at work. These bill collector rules are
designed to protect you from abuse, harassment, false and misleading tricks and
illegal debt collector tactics. Chapters 3 through 13 covers specific consumer
rights. Chapters 1, 2 and 14 - 18 cover administrative matters that do not
affect debtors' rights.
Chapter 3 - Collection Terms and
Definitions:
Fair debt collection practices act terms and
definitions. Knowledge is power! Review these terms in order to fully
understand your rights.
Chapter 4 - 3rd Party Contact and Information
Gathering Rules
Fair debt collection practices act includes
specific rules for collectors trying to gather location information about you
such as your address or home and work phone numbers - see what's legal and
what's not!
Chapter 5 - Collection Calls and Communication
Rules
The act prohibits debt collectors from communicating with
you by phone before 8 a.m. or after 9 p.m. and from calling you on certain
days. The fair debt collection practices act also prohibits certain calls to
third parties.
Chapter 6 - Harassment & Abuse Tactics
The debt practices act prohibits tactics such as verbal harassment
and the use of threats, obscene, profane, or abusive language and repeated
calls designed to scare you into paying.
Chapter 7 - False & Misleading Tactics;
sixteen examples
The fair debt collection act outlines sixteen
false and misleading tactics used by collectors to intimidate you. It also
prohibits threatening arrest, imprisonment and seizure of funds or property
through garnishment or wage attachment and/or the sale of your personal
property.
Chapter 8 - Unfair Collection
Practices
The law prohibits the collection of more than the
authorized amount, certain uses of post-dated checks, sending post-cards, and
certain envelopes. Violators can be personally sued in civil court up to
$500,000!
Chapter 9 - Validating Debts after Initial
Notification
Debt collectors must, within 5 days of their initial
contact, provide you with specific information and documents including a
description of your right to dispute the debt and how to go about it.
Chapter 10 - Debt Payments Applied to
Accounts
When you owe more than one debt to the same collector,
your payments must be applied to the account you specify, rather than the
account the collector specifies.
Chapter 11 - Where Debt Collector have to file
lawsuits
Debt collectors who intend to take legal action against
you, must do so in the judicial district in which the property is located,
where you signed the contract, or where you reside, depending on the type of
debt!
Chapter 12 - Deceptive Collection Letters and
Forms
Debt collectors who use official-looking forms that appear to
be from a court, police, state or federal agency can face substantial penalties
in civil court!
Chapter 13 - Civil Liability for violation of
the FDCPA
Debt collectors who fail to comply with any provision of
the law can be personally sued for damages ranging from $1,000 up to $500,000!
To view the Fair Debt Collection Practices Act in it's
entirety please visit:
fair-debt-collection.com