Bill Collectors Must Conform To The FDCPA

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In terms of the Fair Debt Collection Practices Act (FDCPA), debtors have the right not to be unduly harassed by bill collectors who are trying to collect money from them. A debtor who is harassed, unfairly treated or placed in embarrassing situations by over enthusiastic debt collectors will eventually lose both self-esteem and self-respect, and will find it hard to function as a productive member of society.

There are several things that a creditor can choose to do if a debtor has not paid a bill and it is past due, and one of them is to hand the amount over for collection. A bill collector is usually far more aggressive than the creditor's collections department and will try all sorts of strong-arm tactics, like contacting a debtor's boss directly, to collect money. A debtor does not choose not to pay a bill, and they are usually forced into a situation where they cannot pay. Most of them are, nevertheless, sincere in their efforts to repay their bills but are able to concentrate on this objective less and less when their peace of mind is shattered by debt collection harassment. This is where the FDCPA can help.

The Fair Debt Collection Practices Act regulates the debt collection process and lays down exactly what a bill collector can and cannot do while he is collecting a debt. The Act also provides that, if a debtor's rights have been violated by an over-zealous bill collector, then he or she has the right to report this violation and to claim suitable damages from the bill collector. The debtor can, furthermore, also force the bill collector to pay any attorneys' fees that the debtor incurred during the claim process.

The Act aims to stop debt harassment by prohibiting several classes of behavior. One of these prohibited classes of behavior is the inclusion of false or misleading information in communications and an example of this would be stating that the non-payment of the outstanding amount would result in garnishment of the debtor's wages, attachment of the debtor's personal property or imprisonment of the debtor himself when this is, in fact, not true. Another class of behavior that is strictly monitored is a bill collector's contacting third parties, and one of the specific actions that the Act prohibits is the bill collector's contacting any third party after being informed that the debtor is represented by an attorney.

The bill collector is also prohibited from communicating with a debtor in certain ways including calling a debtor before 8am and after 9pm. Finally, any behavior that constitutes harassment or abuse is strictly prohibited. Under the circumstances, this would include a bill collector calling without disclosing his identity and using criminal means or force to harm either the debtor or the debtor's property.

It is wrong not to pay your debts but it is also wrong to be continually and overwhelmingly persecuted for it. Fortunately, the Fair Debt Collection Practices Act will put a stop to this.

Article Source: http://depositarticles.com/

Nick Messe is president of The Lead Frog LLC. Learn more about the FDCPA - Fair Debt Collections Practices Act - and how it protects you from debt harassment. Visit FairDebtHelpers.com for a free evaluation of your case by an experienced fair debt attorney.

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