FDCPA Act, Consumer Rights Debt Collection

The FDCPA (Fair Debt Collections Practices Act) imposes strict guidelines to be followed by third party debt collectors in their interactions with debt-ridden consumers. The consumer rights are fully supported and protected under the FDCPA. Thus if you come across any of violated consumer rights debt collection case you must report it to the respective authorities.

The Act provides the following consumer rights to persons who are under personal debt (business debt is not covered under the Act) when faced with illegal practices used by debt collectors and defined under the Act.

It is your right to receive a written notification of the amount of debt as also the concerned original creditor's name from the debt collection agency within 5 working days of being contacted by its representative. In the notice must be specified your right to dispute the debt within 30 days of the receipt of notice.

It is your right of being contacted by a debt collector only within the time slot of 8 am to 9 pm normally unless you expressly permit him to call you at other times. The debt collector is not allowed to contact you in your office if you have informed him that your employer prohibits this.

A debt collector cannot send you a letter which has reference to the debt on the covering envelope. Uninvolved third persons must not be given any information about the debt by the debt collector in any case regardless of whether they are your acquaintances, relatives, or strangers.

A debt collector can only contact uninvolved third parties once to solicit information about your place of employment or residence, unless the information provided is incomplete. A debt collector cannot contact you directly if you have informed him that you are represented by a lawyer. In case you are so represented, you need to inform the concerned debt collection agency as to how to reach your lawyer.

A debt collector is prohibited by the Act from using abusive, profane or obscene language when interacting with you. It is your right that your credit status must only be informed by the debt collection agency or its representative to a qualified credit reporting agency. A debt collector cannot impose extra charges over and above those permitted by law or the original agreement signed by you with the creditor.

It is your right that a debt collector not make excessively frequent or repeated calls conveying the same content to you with an intention to harass or annoy you. He further cannot misrepresent his identity or threaten to take action that is illegal in the eyes of law or which will not be actually taken.

In case you have disputed the debt by sending a written objection, the debt collection agency must obtain proof of the debt and send it to you. He must cease all contacts with you in the intervening period. You can file a suit under the FDCPA against the debt collection agency if any of the consumer rights are violated by it or its representatives. While protecting consumer rights debt collection should be practiced by all agencies thus.

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