A Summary of Your Rights Under the Fair Debt Collection Practices Act

Dealing with debt collectors is a lot like having a root canal. Actually, it might be worse. Safe to say it’s a very unpleasant experience, but if you have fallen behind on your financial obligations dealing with debt collectors is probably going to be unavoidable.

There is no denying that being contacted by a debt collector can certainly be stressful. Yet you can take some reassurance that debt collectors have a strict set of rules to follow, rules which are designed to protect the consumer from abusive actions. Point being, debt collectors are not allowed to come at you with guns blazing.

The Fair Debt Collection Practices Act (FDCPA)

While nobody likes to hear from a debt collector, they are allowed to contact you as long as they follow the rules. In addition to numerous state laws, the chief Federal law to which your debt collectors must adhere is the Fair Debt Collection Practices Act or the FDCPA.
The FDCPA is a consumer protection statute, originally enacted in 1977 under the Carter administration, which regulates how third-party debt collectors are and are not allowed to behave when they contact you. Specifically, the law was designed to protect consumers from unfair and abusive collection practices committed by third-party debt collectors. The protections are vast.

Limitations On Call Times

A debt collector is not allowed to call you any time they please. According to the FDCPA debt collectors are only permitted to contact you between 8 AM and 9 PM, based on the time zone in which you live and not the time zone where the collection agency or law firm is located. So no midnight calls!

Harassment Is Off Limits

Debt collectors cannot harass you in any way during their attempts to collect your past due financial obligations. For example, they cannot curse at you, call you repeatedly, threaten you with bodily harm, threaten to throw you in jail, threaten to kill you or use any other abusive methods when they contact you. The rub…attempting to collect debt from someone who can’t pay it could be considered abusive in almost any situation.

Lying Is Forbidden

No, no. no. Debt collectors are not allowed to lie or misrepresent who they are when the contact you. They cannot pretend to be an attorney, pretend to work for a government entity, misrepresent the balance of your debt, or threaten to sue you unless they truly intend to do so. If a debt collector gets caught lying they could be in serious trouble.

Your Privacy Must be Protected and Respected

For the most part debt collectors are only allowed to communicate with you directly regarding your debts and past due balances. The exception to this rule is that third party disclosure restrictions do not apply to your spouse or your attorney. Furthermore, debt collectors may not publish public lists of their debtors and they cannot attempt to collect a debt via post card.

You Can Ask a Debt Collector to Stop Calling You At Work

It is permitted for a debt collector to call you at your place of employment. However, if you inform a debt collector that you are not allowed to speak with him/her while on the job then the FDCPA says the calls must cease. No mas!

If Requested They Must Stop Contacting You Entirely

When you request in writing for a third party debt collector to stop contacting you they are legally obligated to do so. However, before you get too excited you should understand the possible ramifications when you make this request. If a debt collector is no longer permitted to call or write you then the only recourse left to the collector is to sue you in an attempt to collect your debt. And that you cannot ignore.