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Prior to the passing of the federal Fair Debt Collection Practices Act (FDCPA) in March 1978, few laws regulated how third-party debt collectors attempted to get payment for past-due debt. Collectors would harass consumers at all hours of the day and night. They might tell lies about the consequences the person would face for unpaid debt. Some even threatened violence or damage to the consumer’s property.
The FDCPA outlined specifically what debt collectors can and cannot do as well as legal action that consumers can take against those who violate the law. Since its original enactment, several amendments have increased and clarified the protections afforded to consumers. The most recent amendment, effective Nov. 30, 2021, addresses how a debt collector can and cannot use digital communications like text messages, emails, and social media.
The act defines a debt collector as anyone who regularly collects or attempts to collect consumer debts for another person or institution. A debt collector can also be an institution that uses a different name when collecting its own consumer debts.
Not all collections are covered by FDCPA. Those not covered include:
The overall purpose of the law is to protect debtors from overly aggressive and manipulative collectors.
The FDCPA breaks down prohibited practices into four categories. Prohibited practices include:
Congress passed the Fair Credit Reporting Act (FCRA) in 1970 to provide data protection and accuracy for consumer credit information. Since that time, two major amendments have been made.
Those authorized to receive a credit report include:
Consumers have the following rights related to their credit report:
Not only does the law outline prohibited activities, but it also restricts when and where communication is permitted.
Provisions outlining how collectors communicate with consumers are as follows:
The FDCPA also outlines requires a debt collector to provide the consumer with specific basic information. If the information was not provided in the initial contact nor was the debt paid within five days of that date, the consumer must receive the following in writing.
If the consumer disputes the debt, the collector must stop collection efforts until they send a verification of the debt to the consumer. If the current creditor isn’t the original creditor, the consumer has the right to request the name of the originator during the 30-day window. The collector must cease all collection efforts until they provide that information.
The Federal Trade Commission (FTC) enforces the FDPCA.
You do not have to endure badgering calls, threats, and other illegal debt collection practices. At Oakes Law Office, P.C., we believe that everyone has the right to be treated with respect. We understand how financial struggles can be overwhelming, and we are here to help.
When debt collectors violate the provisions of the FDCPA, you may have grounds for a lawsuit. They may be liable for the following:
You have one year from the date of the violation to begin legal action.
If you think a debt collector has violated the law in their efforts to collect a debt from you, contact us right away. We can help put a stop to the harassment.
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