Posted by: jed
on Mar 25, 2010
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot conduct activity which is deemed abusive, unfair, or deceptive practices to collect outstanding amounts owed by debtors. The FDCPA governs debt collectors who regularly collect debts owed to others and it covers personal, family, and household debts, including money owed on a personal credit card account, an auto loan, a medical bill, and a mortgage.
Certain actions are forbidden by the debt collectors including contacting the debtor at inconvenient times or places, such as early in the morning or after nine at night, unless agreed to by the debtor, and may not contact the debtor at work if they are told (orally or in writing) that it is not permitted to be contacted at work. Other actions that may not be taken by collectors are use threats of violence, repeatedly use the phone to annoy someone, falsely claim that they are attorneys, misrepresent the amount owed, or take or threaten to take property unless it can be done legally.
Every collector must send a written “validation notice” disclosing how much money is owed within five days after first contact with the debtor. This notice must also include the name of the creditor, and how to proceed if the debtor disputes owing the amount. In order to stop a collector from contacting the debtor, certain actions should be taken. The debtor can request the collector to stop making contact by sending a letter by certified mail and return receipt requested. A copy of the letter should be retained in the debtor's records. Upon receipt of the letter, the collector can only contact such person again to inform the debtor that there will be no further contact or to let the debtor know that they or the creditor intend to take a specific action, like filing a lawsuit. Although this may stop the creditor contacting the debtor, it does not discharge the debt.