The Fair Debt Collection Practices Act (FDCPA) was passed by the Congress and is enforced by the Fair Trade Commission (FTC) to ensure fair debt collection by debt collectors. The Act has laid down laws to regulate the these practices. Under this Act it is imperative for the bill collectors and collection attorneys to abide by the rules of the FDCPA. This along with the Fair Credit Reporting Act (FCRA) forms the regulatory body of debt collection. Many states have their own well defined laws that also need to be followed by them.
The laws require a fair collection of the debt. You are protected by the FDCPA even if you owe a debt.
The FDCPA laws include:
A debt collector is a person who collects debt regularly;this applies to attorneys also
The debt has to be collected fairly by them
A debt collector can call during day time on the number agreed by you and request for payment
He should stop calling you upon written request or after engaging an attorney
He cannot demand or trouble you in any form
These laws protect you from debt collector harassment
He may call you at your office if he does not know your employer disapproves
He must stop calling work place if you have requested him not to
He can call you once more after receiving cease and desist letter
A debt collector can call third parties only to get information about your contact details
Fair debt collection requires a debt collector to follow the laws of the FDCPA. Fair debt collection ensures protection of the consumer. Under this it is required that the collector does not call you repeatedly at inconvenient times, harass you by using abusive language, try to collect more money than the actual debt, call you at workplace or threaten to garnish your wages.
