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Collection agencies – How they are bound by the rules of FDCPA

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By: tiarajoseph11
on 2nd Feb,2016

Take a look at the laws amended by FDCPA to stop unethical practices of a collection agency

Though sometimes, it seems to us that debt collectors or collection agencies may try anything to collect money from us, the federal law actually considers some very strict parameters on what these agencies and companies can and can’t do.

The Fair Debt Collection Practices Act (FDCPA) is the prime federal law that controls any kind of debt collection activity. The FDCPA restricts debt collection agencies from applying harsh, abusive, illegal or deceptive methods to collect past dues from their borrowers.

The FDCPA controls the collection of any debts like credit cards, payday loans, mortgages, medical bills, and other debts primarily oriented to personal, family, or household requirements. It doesn't cover debts for business purposes, it’s only applied on personal debts. It also doesn't normally cover collection by the original creditor, person from whom the money was borrowed.

From faking as police, pretending as attorneys to harassing you at all hours of the night, here are several things which the Fair Debt Collection Practices Act restricts debt collectors and agencies from doing.

Debt collection agencies doesn't have the rights to do the following things with you no matter what happens:

1. They can’t contact you before 8 a.m. or after 9 p.m. without your consent.

2. They can’t contact you while you’re busy at your work if you’ve told them not to.

3. They can’t use threatening statements or any violence to harm you.

4. They can’t reveal your name in public through a list of people who didn’t pay their debts yet.

5. They can’t use dirty, vulgar or profane language.

6. They can’t repeatedly annoy you by using the phone.

7. They can’t claim themselves as attorneys or federal associates, that’ll be false.

8. They can’t falsely accuse you as a criminal.

9. They can’t proclaim themselves falsely as operatives or associates of a credit reporting agency.

10. They can’t manipulate the total amount you owe.

11. They can’t indicate any papers as legal or illegal forms if they aren’t. Also, they can’t send you such papers for any reason.

12. They can’t arrest you if don’t pay your dues.

13. They can’t seize, garnish, attach, or sell your property or wages without the prior permission of the federal law.

14. They can’t take any legal action if taking any legal action is illegal and prohibited in your case.

15. They can’t provide false credit information about you to anyone, even to a credit reporting company.

16. They can’t use any fake company name.

17. They can’t even try to collect any fees, interest or other charges. If the debt contract or your state law approves the extra charge; then you have to pay it.

18. They can’t deposit a post-dated check early.

19. They can’t take your property illegally; or threaten you to do so.

20. They mustn’t use a postcard to contact you.

21. They can’t garnish any of the below-mentioned items, even if they have filed a lawsuit against you:

  • Social Security Benefits
  • Supplemental Security Income (SSI) Benefits
  • Veterans’ Benefits
  • Civil Service and Federal Retirement and Disability Benefits
  • Service Members’ Pay
  • Military Annuities and Survivors’ Benefits
  • Student Assistance
  • Railroad Retirement Benefits
  • Merchant Seamen Wages
  • Longshoremen’s and Harbor Workers’ Death and Disability Benefits
  • Foreign Service Retirement and Disability Benefits
  • Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
  • Federal Emergency Management Agency Federal Disaster Assistance

22. They can’t contact you anymore after receiving a letter from you saying that you don’t want to be disturbed anymore. The collector can still contact you to advise you of additional actions being taken against you, such as a lawsuit.

So, be alert, don't let those people torture you anymore. If any collection agency is doing any of the above-given act with you, please report this immediately to the feds.

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