Lies by debt collectors – Violations of the FDCPA
One of the biggest violations debt collectors commit during their aggressive debt collections is to lie over the phone. There are many lies that the debt collectors speak over the phone. They do not disclose their names while trying to collect from you. Sometimes they give you a false identities.
Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must identify his name and the collection agency he is working for. The FDCPA is a federal act enforced by the Federal Trade Commission (FTC) to protect consumers against illegal and unethical debt collection practices by debt collectors.
Third party debt collectors buy debt from original creditors for a very small price and have nothing to lose money wise.
The FDCPA has clear guidelines to be followed by third party debt collectors engaged by debt collection agencies. They are:
* Calling you at a convenient time
* Informing you of his identity
* Speaking in proper language
* Disclosing debt details
* Giving the original creditor's details
* Listening to consumers if they have a payment suggestion
* Not calling on numbers that have not been mentioned with the original creditor
One of the most frequent violations and one that a debt collector compromises on his integrity is giving a wrong identity. Debt collectors call from unknown or blank numbers or restricted lines and leave voice mails in threatening tones. This is not welcome because if there is a legitimate debt to be collected then there is no reason why a debt collector should resort to such methods.
Giving misleading and ambiguous information also is not a right method because it leads to unnecessary fear and displeasure among the consumers. Often debt collectors lie about calling your office or garnishing your wages. Unless there is a court ruling or they are original creditors, debt collectors do not have the right to garnish your wages. Lying about taking legal action or posing as an attorney are again punishable wrongs of debt collectors.
Lying about the amount of debt owed is again a violation by debt collectors. Debt collectors are required to mention the right amount that you owe. He should not implicate an amount more than you owe to extract more money from you.
Calling for someone else and harassing you for that person, alleging you to be someone else and trying to collect from you is another big lie debt collectors resort to. If it is a case of mistaken identity, collectors are expected to stop once you request them to stop on that pretext. However, if they still continue they are resorting to lies and are violating the FDCPA.
Debtors are protected by the FDCPA for a fair collection of debts. A clear understanding of your rights under the FDCPA is essential to stay away from debt collectors harassment. A little preparation and knowledge of the FDCPA can assure you of a hassle free life.
Questions and Answers
Article Tags:
fdcpa
,ftc
,fair debt collection practices act
,federal trade commission
,fdcpa laws
,violating the fdcpa
,debt collectors
,debt collection
,fair debt collection
,unfair debt collection
Your rights under the Fair Debt Collection Practices Act
This article was written to inform consumers how the Fair Debt Collection Practices Act (FDCPA) can protect us from debt collectors who are going beyond what the law requires them.
The settlement amount may then be paid by the intermediary or the debtor. If the payment is made by the intermediary, the debtor will then owe them money, but less than what he originally owed to the first creditor. These intermediary companies or individuals usually charge fees based on the amount by which the debt was reduced.
Every year debt collection related complaints at the Federal Trade Commission (FTC) are on an increase. The Fair Debt Collection Practices Act (FDCPA) prohibits deceptive, unfair, and abusive practices by third-party collectors.
The Fair Debt Collection Practices Act (FDCPA) is a federal act that came into existence to ensure fair debt collection. The act is enforced by the Federal Trade Commission (FTC) and private attorneys to protect consumers from unfair practices of the third party debt collectors.
Students from both private and public universities all over the country may also provide low cost or free advice. The sessions will only achieve directing clients to the right legal path in filing the right papers. Note that with the new bankruptcy laws taking into effect making the bankruptcy filing process more difficult than usual, an experienced bankruptcy attorney will be worth your money.
Many people who enter the bankruptcy process worry about the fate of their credit. This is actually unnecessary as the bulk of credit damage happens before the bankruptcy process is even initiated. While no one wants the added hassle of rebuilding their credit after resolving debt troubles, doing so can put you leaps ahead of others in the credit game.
Americans are now filing Chapter 7 or 13 Bankruptcy to get their debts under control. Bankruptcy in itself is designed for debt elimination. Chapter 7 bankruptcy functions to cancel out unsecured debt such as utility or medical bills, credit card, etc. Chapter 13 Bankruptcy on the other hand is designed to give individuals more time in repaying all their debts.
Filing for bankruptcy is good news whenever you are struggling with your credit card debt, mortgage or medical bills. Bankruptcy laws help families and individuals in their debt struggles. You have two options on how to deal with your debt problems, Chapter 7 (debt elimination) and Chapter 13 (reorganization). Always remember that you can regain credit again after successfully filing your bankruptcy.
Here is an easy way to know how to hire right attorney Mesa AZ. Many people in Mesa AZ have legal complications. The only savior to such situation is attorney Mesa AZ
The EPA's new fuel economy label for 2013 will soon be appearing on vehicle window stickers at a dealer near you.
When a car hits 100,000 miles it is possible that the car has outrun its threshold and is worn out.
Avoid buying a water damaged vehicle. Often hurricanes put lives of thousands of people in utter disarray.
Stopping debt harassment isn't always easy. Some states don't have debt harassment laws that apply to original creditors.
Where do all those repurchased or bought back lemon cars from the lemon car owners by the car manufacturers go?
Discuss this Article
