Consumers are safeguarded from abusive debt collection practices by Fair Debt Collections Practices Act which forbids debt collectors from calling you at inconvenient hours such as before eight o’ clock in the morning and after nine o’ clock in the night. Plus, if you have asked them to stop calling at your work place they need to follow it strictly. However, this particular law does not put restriction on what days they can call you, with very few holiday exceptions. Know about the permissible time of calling and other restrictions According to FDCPA, the debt collectors are barred from calling the debtors after 9 PM or even before 8 AM unless you have allowed them to do it. Plus, these collectors should not discuss about debt to other people who receive their calls, though they are allowed to ask them about debtor’s address, residence number and the place of employment. In other words, a debt collector is allowed to ask unrelated third parties for the debtor’s location information – but only if they have tried and failed to reach the debtor with information they already have. A debt collector also cannot call repeatedly just to have the same conversation over and over again on the same day. They have to follow up after the initial telephone contact within five days with one letter instructing the consumer of their federal right to request validation of the debt. Preventing collection calls
If you are represented by an FDCPA lawyer and if the debt collectors also are aware of the contact details of that particular lawyer, then according to the law, these collectors are prohibited from calling you directly. On your part, it is vital that you should inform them over telephone or inform them in writing. Once they are being informed it is their duty to respect your request to stop making any call. Another way to prevent calls is by requesting debt validation. However,consumers are only allowed to request validation of a debt (with the goal of preventing collection calls) within one month of yourreceipt of initial letter from the creditor and then the debt collector needs to furnish the proof that your debt is the valid one. Simply disputing the debt also puts the debt collector on notice that they need to stop calling the consumer. Avoid harassment or abuse The Fair Debt Collections Practices Act prohibits these collectors from using abusive language, and threatening you as well as calling you without disclosing their identities. Depending on the laws of your particular state, they also cannot threatenyou that you will be arrested or your wage will be garnished if you do not pay money within stipulated time period. In the State of Texas, threats of wage garnishment or a lien on your house are illegal, where they may be permissible in other states. A debt collection defense attorney can also resort to this particular law to fight a relevant lawsuit for his client. If you also believe that your debt collector violated the terms of FDCPA then you also have the right to file a lawsuit. If you win the case, then the debt collector will be ordered to pay actual damages, a statutory award of up to one thousand dollars, along with court costs as well as fees of the attorney. Plus, you may report about this collector to Federal Trade Commission or the office of attorney general of the states where you live and where the debt collector is located. In a nutshell, these debt collectors should strictly adhere to the terms of FDCPA when they wish to collect money. This law restricts when the debt collector can make the call and what they are not allowed to threaten.