Understanding The FDCPA & Your Rights

WHAT IS THE FAIR DEBT COLLECTION PRACTICES ACT?

The FDCPA, also known as the Fair Debt Collection Practices Act, was enacted in 1978 by Congress because of a finding of “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors” 15 U.S.C. § 1692.  In broad terms the FDCPA was put into place in order to protect debtors from being harassed by debt collectors.

The FDCPA lays out numerous rights and protections for debtors in connection with the collection of any debt.  It also provides debtors with a means for challenging the payoff demands, and for determining the validity and accuracy of their debts.  Furthermore, the FDCPA establishes ethical guidelines that state how debt collectors can act while pursuing an active debt.

WHAT TYPES OF DEBTS ARE COVERED?

The FDCPA does not cover business debts, but it does cover debt collectors including collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business. There are also companies that buy past-due debts from creditors or other businesses and then try to collect them. These debt collectors are also usually called debt collection agencies, debt collection companies, or debt buyers.

HOW DOES THIS RESTRICT A DEBT COLLECTOR? 

Thanks to the FDCPA any and all debt collectors are required to:

• The you the name of the creditor,
• The amount owed
• That you have the right to dispute the debt
• And that you can request the name debt and address of the original creditor, if different from the current creditor

If the debt collector does not provide this information during initial contact, they are required, within five days, to send you written notice.

The FDCPA also restricts three very important consumer rights:

• Time and Place.  This prevents debt collectors from contacting you prior to 8am and after 9pm.  You are also allowed to tell a debt collector they cannot contact you at work.  Once they know this, they are prohibited from such contact.
• Harassment.  This one seems obvious but has been a serious problem in the past.  Debt collectors may not harass you or anyone else, over the phone or through any other form of contact.
• Representation by An Attorney:  Once a debt collector is informed that you are represented by an attorney, they must cease contact with you, and only make contact with your attorney.

Another tool at your disposal useful for stopping a debt collector from contacting you is to tell them IN WRITING, TO STOP.  Once you have let them know, in writing, not to contact you they can only contact you for two reasons:

• To say there will be no further contact, and
• To notify you the creditor may take certain specific legation it is legally allowed to take, such as a law suit.

HOW CAN WE HELP?

The best way to stop harassment from a debt collector, and properly deal with your debt circumstances is to speak with an experienced debt solution attorney.  At Higbee & Associates we have an experienced staff that is dedicated to help you find the right debt solution.