If you have ever fallen behind on your credit cards, you have probably received a few courtesy phone calls as a reminder to make your minimum payment. If you have found yourself a month or more behind, then you may have realized that it is time to seek credit counseling.
Once all of your credit card accounts are turned over to debt collectors, you have likely realized that the collection calls are less pleasant. Some debt collectors are downright rude. Would you believe that almost all debt collectors routinely violate federal law?Unless you know what your rights are, you will never be able to protect yourself. Debt collectors are only penalized when their victims know their rights and how to protect themselves.
The Fair Debt Collection Practices Act (FDCPA) provides certain protections to debtors that shield you from harassment and unlawful intrusion. Debt collectors understand that nearly all debtors are unaware of their rights, and they therefore take advantage of you through intimidation, harassment and illegal threats.
Specifically, the Fair Debt Collection Practices Act prohibits:
- Broadcasting your indebtedness to friends, neighbors, family or employers
- Contacting you at times or places known to be inconvenient
- Calling you at work if the employer is known to forbid such communication
- Calling acquaintances for information already gathered
- Continued calling after cease and desist request
- Implied threats and abusive language
- Sending correspondence that mimics government notices
- Falsely implying that nonpayment will cause imprisonment, seizure, garnishment, attachment or sale
- Threatening unintended legal action
A debt collector that violates provisions of the Fair Debt Collection Practices Act may be risking a civil lawsuit from you. If you have proof that you have been denied these rights by a collection agency, then you have the right to sue for damages. Instead of you owing them, they may owe you! An attorney or legal aid program may be able to provide more information related to legal remedies that you may pursue.
