Debt Collection
If you have fallen on hard times and are unable to meet the demands of your creditors, you may feel trapped by the constant contact and sometimes harassing nature of bill collectors. Even though you are legally obliged to pay your debts, you also have rights and protections under the law.
The FDCPA, or Fair Debt Collection Practices Act, includes a U.S. statute added in 1978 as Title VIII of Consumer Credit Protection Act. The purpose of this is to stop abusive practices within collection of consumer debts, promote fair debt collection, as well as to offer consumers with avenues for obtaining and disputing validation of debt data to ensure the data's accuracy. This Act develops guidelines in which collectors might do business, defines the rights of consumers included with debt collectors, and prescribes remedies and penalties for violations of this Act.
Unacceptable Conduct
This Act forbids specific kinds of "deceptive and abusive" conduct while trying to collect debts, involving these:
- Hours for telephone calls: Calling consumers by phone outside of 8:00 a.m.- 9:00 p.m. local time
- Not ceasing communication on request: Talking with consumers in such a way following obtaining written notice which stated consumer wants no further discussion or refuses to pay alleged debt, with specific exceptions, involving recommending that collection efforts will be terminated or a collector intends to pursue additional remedies where allowed or file a lawsuit
- Making a phone ring or involving any individual in phone conversation continuously or repeatedly: With intent to harass, abuse, or annoy any individual at the phoned number.
- Talking with consumers at their location of work following being advised that it's prohibited or unacceptable by an employer
- Calling consumer who's known to be represented by a lawyer
- Talking with a consumer following request for validation being made: Talking with a consumer or pursuing collection efforts by collector following receipt of the consumer's request for verification of the debt made inside the thirty day validation duration and prior to a debt collector mailing a consumer requested verification or initial creditor's address and name
- Deceit or misrepresentation: Misrepresenting a debt or utilizing deception in order to collect a debt, involving the debt collector's misrepresentation that she or he's a lawyer or law enforcement officer
- Publishing a consumer's address or name upon a "bad debt" listing
- Searching for unjustified quantities, that would involve demanding all quantities not allowed underneath the applicable contract or as offered underneath applicable law
- Threatening legal action or arrest that's not allowed or not really contemplated
- Profane or abusive language utilized within the course of a discussion associated with the debt
- Talking with third parties: Discussing or revealing nature of debts with a third party (in addition to a consumer's attorney or spouse), (Collection companies are permitted to call co-workers or neighbors, yet just to get location data; disreputable companies oftentimes harass debtors with an "office party" or "block party" in which they call numerous co-workers or neighbors informing them they must reach a debtor involving an urgent matter).
- Contact using embarrassing media, like talking with the consumer in regard to the debt by postal card, or utilizing any symbol or language, other than a collector's address, upon an envelope while discussing with the consumer by usage of mail or telegram, except that the debt collector might utilize his business name if such a name doesn't indicate that he's involved in the collection business
- Reporting untruthful data on the person's credit report or threatening to perform within the collection process
If you feel you are a victim of harassment by a debt collector, contact a Jacksonville debt collection lawyer today. A collection attorney will help end the harassment and can help you negotiate a payment plan that you can maintain, as well as make sure that if your rights have been violated; you will receive a fair judgment.
