Fair Debt Collection Practices Act
Know Your Consumer Rights Under the FDCPA
Dealing with continual calls from creditors that never seem like they will
stop? They may be calling all hours of the night or even disturbing you
at work to embarrass you or get you in trouble. The interaction that some
debtors have had to face with creditors has crossed the line, causing
even the government to step in and say enough is enough. If you feel that
your circumstance is one of harassment, the matter should be immediately
brought to the attention of an Irvine bankruptcy attorney at Peter Rasla
& Associates, P.L.C.
Creditor harassment is a serious issue that can leave those affected dealing
with more stress than they are already facing from their debt situation.
Under the law there are now certain regulations that must be followed
in debt collection practices, as covered under the Fair Debt Collection
Practices Act (FDCPA). This act is covered in 15 U.S.C. §1692, as
part of the Consumer Credit Protection Act. This is federal law and will
need to be adhered to throughout the country.
Legal Restrictions Placed on Creditors
There are a number of restrictions that are given, and failing to adhere
to these can lead to legal consequences. One of the first areas that the
limit has been placed is in regards to the hours during which they can
call. This must be during 8:00 a.m. to 9:00 p.m., limiting them from being
able to call in the middle of the night. A debt collector is also not
able to continually call. They cannot provide false information regarding
the circumstances of a person's case or what can be done as a backlash
for not paying, such as threatening certain actions that are not within
It is prohibited to contact a person at work, get in touch with a debtor
that has legal representation, seek too high of an amount, use inappropriate
language, use embarrassing forms of media to get in touch with them or
give false information in regards to their credit report. Consumers also
have the option of sending a written notice that will inform that contact
shall cease while a lawsuit or other option is pursued. Another benefit
that can be gained through filing for
bankruptcy is the lack of contact that will occur between a creditor and consumer.
Once the filing has been made, debt collectors are restricted from being
able to make communication. If they have any form of contact, it will
be with the attorney.
What the Law Requires of Creditors
In addition to the restrictions that are placed, there are also requirements
given. This includes providing the contact information for an original
creditor if a request is made by a within 30 days of receiving a §1692g
notice. They will also need to give verification of the debt existing,
as well as identifying themselves to the debtor. Consumers have certain
rights and it will be necessary for these to be stated to them, such as
their ability to dispute the debt. If a debt collector is looking to file
a lawsuit, it must be done in the right venue, including where the consumer
lives or where it is that they signed the contract.
It is the law that these terms are adhered to and it is up to the Federal
Trade Commission to enforce them.
Creditor harassment is an important issue to deal with and creditors should not be allowed
to overstep the rights of citizens in their efforts to be paid. If you
are dealing with an issue of creditor harassment an attorney from the
firm may be able to help protect you. They can also assist you in finding
a way to resolve your debts and move past this period.
Contact the law firm for further information and to have a professional aid you to understand
the options that are available.