The Fair Debt Collection Practices Act

Being under a significant amount of debt is a very stressful situation. When the calls from collection agencies start to come in, they can make the financial burdens of debt even more unbearable. It can seem like they contact you constantly, at all times of the day, and are often very intimidating. Fortunately, The Fair Debt Collection Practices Act (FDCPA), which was passed in 1978, is a statute providing guidelines for debt collectors which are designed to help protect the rights of consumers.

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The FDCPA prohibits a substantial list of "abusive and deceptive" practices from being used by third-party debt collection agents. In order to keep certain places and hours private for the consumer, collection agencies are not allowed to contact debtors in the work place, publish consumers' names or addresses, call between the hours of 9:00pm and 8:00am, or utilize embarrassing forms of media. Intimidating behavior such as use of abusive language, threatening legal action, or seeking unreasonable amounts of money are also prohibited. Other banned actions include contacting consumers with known legal representation, misrepresentation, and failing to stop communication upon request.

In addition to prohibiting certain practices, the FDCPA also requires some activities of debt collection agents. Every time the contact someone, the agent must identify themselves. They must also give the name and address of the creditor on whose behalf they are calling. Furthermore, they need to provide some sort of verification of the debt in question, and also notify the consumer that they have a right to dispute the debt. If the collection process reaches the point that the collector is going to file a lawsuit against the debtor, it must be done in a "proper venue" - namely in the place where the individual lives and/or signed the contract in question.

Abusive or deceitful debt collection agents can make life a nightmare for those facing the burdens of financial strain. They make an already stressful situation more difficult, and can put pressure on families by consistently interrupting meals, making parents irritable, and confusing children with their frequent calls. If you believe that a collection agency has violated the FDCPA, you deserve to have your rights protected. Contact a legal professional to discuss the issue, and then explore the possibilities open to you for getting a clean financial start.

For more information about debt collection, debt negotiation, and bankruptcy, visit the website of New Orleans bankruptcy attorneys Kervin & Young, LLC.

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