The FDCPA, or Fair Debt Collections
Practices Act, is a set of consumer protection guidelines.
Third party collection agencies must follow these guidelines
in their collections practices, and most companies
that don't outsource their collections activities choose
to follow these guidelines as well.
The regulations set forth by the FDCPA vary slightly
depending on what state you live in. Example, in some
states you can only be called at work once a month,
in others you can be called at work every day. However,
all states allow you to verbally request no further
calls at your place of employment. If you wish to not
receive collection calls at home, you have to put your
request in writing. This is called a "cease and
desist" letter.
The FDCPA states that a bill collector may not be
verbally abusive, make empty threats, use foul language,
or harass you. The FDCPA considers multiple identifying
phone calls in one day to be harassment. However, this
does not mean that if a bill collector calls you and
you don't answer they can't call you back that day
- but if the collector identifies their company, either
on a voicemail or in a conversation, they may not call
you back that same day.
The FDCPA also states what legal actions are available
in each state. In Louisiana, for example, a vehicle
is sent to the repossession department when it reaches
32 days past due. In most states, this does not happen
until the loan goes over 60 days past due.
If you can prove that a company has violated the guidelines
set forth in the FDCPA, you can seek legal action.
If the collections are "1st party" (not a
3rd party collections agency), make sure the company
has chosen to adopt the FDCPA regulations. Most companies
have. For example, Citibank, Household Finance, and
Capital One all have their own collections departments,
but have chosen to follow the FDCPA guidelines.
To read about more about your specific rights under
the Fair Debt Collections Practices Act, visit http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
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