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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 regard to the hours during which they can call. This must be from 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 their authority.

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 a 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.

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