You are protected by The Fair Debt
Collection Practices Act, which is a federal law that protects consumers from harassment
and abusive collection styles.
The Fair Debt Collection Practices Act applies to collection efforts that are
employed by persons other than the original creditor "that regularly collect debts
owed to others."
The FDCPA applies to third party collectors who have purchased the account or have
been hired by an "original creditor" to collect a debt. Original credit institution
are not required to abide by the provisions set forth by the act.
Tactics that are not permitted:-
The debt collector cannot repeatedly call you.
- If you request that the creditors do not call you at work, they must stop.
- Collectors cannot use foul language or threaten consumer with violence, seizure of assets, or imprisonment. They cannot use language that is insulting, discriminatory or belittling.
- Without obtaining your permission, collectors are not permitted to tell any person other than yourself, a cosigner, your spouse, or your attorney that you owe a debt.
- The debt collector cannot publish your name and the nature of the debt. they may not threaten harm to your reputation as a measure to collect a debt.
- A debt collector cannot call you or in any way contact you before 8:00 a.m. or after 9 p.m. in accordance with your local time zone.
- A collection agency cannot deposit a postdated check prior to the date on the check.
- A collection agency cannot collect any amount greater than your debt, unless allowed by law.
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