The Fair Debt Collection Practices Act: Your Rights
Written by Cooper & Friedman PLLC on April 17, 2020
The average American has around $38,000 of personal debt, and most struggle to pay it back. A large percentage of credit card users are unable to pay their dues back on time, and sometimes they default entirely. This is when debt collection comes into play.
Agencies that hold the debt are well within their rights to collect it, but they can’t cause excessive stress or anxiety to people while doing so. The Fair Debt Collection Practices Act was established to protect debtors from intimidating tactics or bullying. Unfortunately, many people don’t know about this act or the protections it grants.
What is the Fair Debt Collection Practices Act?
The FDCPA is a law that was passed by the federal government in 1977 and amended in 2010. It limits the rights and controls the behavior of third-party debt collectors. If a collector violates the provisions of this act, they can be sued for damages.
This act only covers credit card debt, student loans, medical bills, and mortgages. It doesn’t cover personal debt between two or more private individuals. For example, if you owe money to the local grocery store and they call multiple times to recover it, the FDCPA doesn’t have any influence.
What are Your Rights?
People with debt must pay it back or work with a debt counselor if they are unable to pay it back independently. The FDCPA doesn’t grant you the right to ignore debt, and collectors do have some legal resources that can help them collect the money owed. However, you do receive a few protections:
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No Calls During Night-Time
Debt collectors can’t call you between 6 PM and 8 AM. They must contact you during the day time, but they can’t call your workplace number. An individual may ask a debt collector to stop contacting them by sending a cease-and-desist letter. This is just a reprieve and shouldn’t be misused because collectors are still within their rights to sue. A cease-and-desist letter will give you some peace of mind as you work to clear the debt and nothing beyond it.
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Asking for Evidence
You can ask for evidence of the debt if needed. Collectors are required by law to maintain a copy of unpaid bills and provide proof of payment violations. This is done to ensure there’s no foul play or miscommunication.
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Debt Collectors Can’t Harass You
The act clearly describes what is considered harassment. A debt collector must not violate these terms if they want to avoid a lawsuit. Here’s what they can’t do:
- Call repeatedly or contact an office phone.
- Use intimidating or profane language during their communications with you.
- Call family members, partners, friends, neighbors, or other such connections.
- Publish lists of people who haven’t paid off their debt.
- Threaten to harm you in any way.
If a collector doesn’t follow a proper code of conduct during their interactions with you, call a lawyer and send a cease-and-desist letter. It is important to remember that debt collectors have no authority to garnish your wages or take your property that hasn’t been used as collateral.
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Misrepresentation
A debt collector can’t pretend to be someone else while contacting you. They can’t say they are law enforcement agents, credit reporting officials, attorneys, or other persons of authority to intimidate you. Collectors also can’t sue you if the statute of limitations has passed. They can’t make any false statements, provide misleading facts, or use unfair practices to collect a debt.
If you feel threatened or intimidated by a debt collector, hire a lawyer to look at your case and protect your interests.
As an experienced personal injury law firm, we’ve defended the rights of clients with hundreds of different types of injuries including unfair credit reporting and debt collection. Learn more about our law firm, or set up a free case consultation with one of our experienced attorneys by calling 502-459-7555 now.