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| Fight with the Fair Debt Collections Practice Act |
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| Written by James Nash |
| Friday, 04 March 2011 11:01 |
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The Fair Debt Collection Practices Act, FDCPA, is a federal law that governs the actions of debt collectors for personal debts. When a third-party used to collect a debt, that third-party is obligated to follow the FDCPA. The FDCPA does not regulated business debt or personal debt incurred for the benefit of a business. The FDCPA protect consumers by strictly prohibiting certain actions of debt collectors. The FDCPA prohibit debt collectors from using any form of harassment or abuse while attempting to collect. They cannot threaten violence against the debtor, their reputation, or their property. They cannot use obscene racial or profane language when communicating with the debtor. Collection agencies and their collectors cannot publish any kind of listing of consumers that have not paid debt, except to a consumer bureau. The Act also, require collectors to identify themselves and not trick the comsumer. There are many other actions that FDCPA prohibit creditors from doing. Debt collectors who violates the FDCPA should be reported to the nearest office of the Federal Trade Commission. Also, an aggrieved party can file a federal or state lawsuit against the debt collector for violation of the law. However, usually you have to file the lawsuit within 1 year of the violation to recover the actual damages. One can also recover up to a $1,000 in an individual lawsuit or $5,000 in a class-action lawsuit for each violation, plus attorney fees and costs. Many thrid party commonly abusive practices that violates the FDCPA. Many use many strategies to force you pay them before pay any other debt. Some may use the threat of a lawsuit or jail. Others make repeated calls to your job in an effort to force you pay. If you feel a debt collector has used techniques such as harassment, abuse, and misrepresentation, you should consider contacting an attorney. Most attorneys will provide a free and confidential consultation. They will help you understand your options and give you unbiased advice. Kindly provided by LJ-Marketing.dk You are welcome to use this article on your own website, if you include the link just before this text. |
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