
| Fair Debt Collection Practices |
Consumer debt of all kinds is covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts. It does not include private debt or debts between businesses. |
attorneys who collect debts (defined above) on a regular basis. IMPORTANT NOTE: The original creditor is excluded from this definition. That means that Sears, Citibank or Greentree (for example) can collect debts without regard to the restrictions of the FDCPA. They can contact the debtor at any time, speak to anyone they want, and say anything they want to collect the debt, short of criminal threats or intentional infliction of mental distress. How may a debt collector contact you? A collector may contact the debtor in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact the debtor at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless he/she agrees. A debt collector also may not contact the debtor at work if the collector knows that your employer disapproves of such contacts. Should be sent certified so there is proof it was received. Can you stop a debt collector from contacting you? The collector must stop all contact if the debtor (or attorney) sends a written demand to stop further contact about the debt. Once the collector receives your letter, they may not contact the debtor again except to say there will be no further contact or to notify them that the debt collector or the creditor intends to take some specific action. This letter should be sent certified. Advise that it will not make the debt go away, and may increase probability of the debtor being sued. May a debt collector contact anyone else about your debt? If the debtor is represented by an attorney, the debt collector must contact the attorney, rather than the debtor. If debtor is unrepresented, a collector may contact other people, but only to find out where the debtor lives, phone number, and where they work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than the debtor and attorney that there is a debt owed. What must the debt collector tell the debtor? Within five days after the first contact, the collector must send a written notice telling stating the amount owed; the name and address of the creditor; and what action to take if the debt is disputed. This notice must also state prominently that the debtor has a right to receive written verification of the debt if the request is made within 30 days. Until the written verification is provided the creditor is prohibited from taking further collection action, including credit reporting, phone calls, letters, etc. What types of debt collection practices are prohibited?
contact. For example, debt collectors may not:
debt. For example, debt collectors may not:
The following are considered unfair practices and are therefore prohibited:
What control does debtor have over payment of debts? If more than one debt is owed, any payment must be applied to the debt the debtor designates. A debt collector may not unilaterally apply a payment to any debt that is disputed. What are the penalties for violation of the FDCPA? Debt collectors can be sued in a state or federal court (including small claims court) within one year from the date the law was violated. Damages include any actual damages and up to $1,000 in penalties, plus attorney fees and court costs. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less. Where can you report a debt collector for an alleged violation? Complaints about debt collectors should be submitted to the state Attorney General's office and the Federal Trade Commission. |
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