Unlawful and unfair tactics are often employed by collections agencies when seeking payment. Unfortunately, the uninformed are easy prey. To hold collection agencies accountable for blatantly unlawful practices, you first have to know your federally protected rights. Collection agencies who fail to follow the rules can result in court fees, fines and even license suspension. For your part, you could have your entire debt forgiven for fighting back against disallowed tactics.
Individuals dealing with collection proceeding have federally safeguarded rights under the Fair Debt Series Practices Act (FDCPA). Some of the specific provisions provided include:
Torment or even Abuse
The law bans any kind of harassment, violence, or abuse against you, your property, or members of your family. Such restrictions include producing repeated calls when you’ve requested them not to, using profanity or even vulgar language, or threatening activities they may or may not plan to consider. Adding your name to a “deadbeat list” or listing your property available for purchase is also prohibited.
Whenever collection agencies contact you they must do so between the hours of 8am-9pm, unless of course you have told them those are inconvenient times for you. They are not allowed to contact you at work at all if your work doesn’t allow it. In addition , you can request they not contact you at all and they must conform, except if to notify you your own case has been settled, or you are now being sued.
Third Parties Contacts
Collection agencies are not allowed to talk to outside third parties about any aspects of your own case. The exception is if they are trying to find out where you are. Then they can simply ask your whereabouts and give their name. No mention of your debts or their employer can be given out. The third party cannot be contacted again unless they give permission or the agency offers reason to believe they were given incomplete or false information.
Collection agencies must direct all contact through your attorney, if you have retained one as long as the attorney responds to their attempts. They can only go around your attorney when you have given permission otherwise. They have the ideal to contact your spouse and your parents if you are a minor, unless you tell them not to in writing. Collection agencies do not have the right to harass your adult children or your parents to get you to pay, even if preparing frequently.
False or Misleading Rendering
Collection agencies have been known to impersonate law enforcement officers or use falsified documents to intimidate people into spending. Sometimes they draft letters planning them to appear to be from a lawyer. These types of tactics are not allowed under the law. In addition , the facts in your case, such as how much you owe and it’s legal status, can not be misrepresented. Unless a collection agency in fact plans to follow through with it, in addition they cannot threaten you with legal action.
Consumers are guarded from crooked, unfair, and uncommon tactics employed by collection. Some typically employed include causing you to incur expenses due to their collection efforts, adding attention and fees to what you owe, plus depositing post dated check prior to the date without permission. You also cannot be threatened with criminal prosecution regarding nonpayment.
You should direct problems to the Federal Trade Commission, a state Attorney General’s office, and your initial creditor if you have been the victim of such types of practices. Here is more in regards to debt collection agency near me review the web page.
First contact your original creditor who can be held liable for such violations. They may consider forgiving your entire debt if the actions were especially grievous.
Another potential recourse is to sue the collection agency for these types of violations. You need to document your claims and have at least one witness. In the past, some plaintiffs have been awarded damages and/or money to get pain and suffering. Particularly poor cases of repeated abuse possess resulted in punitive damages as well.
You need to know your rights when facing unscrupulous collection agencies. Hold them accountable plus report any violations to the proper authorities right away to avoid being their own next victim.