Is there anywhere I can look to see what a collector can and can't do?

Question

Is there anywhere I can look to see what a collector can and can't do?

Answer

Creditors must follow certain federal and state laws regarding debt collection practices.  If they violate the FDCPA, they are also subject to federal fines and penalties.  Consumers are fighting illegal debt collection practices committed by creditors who violate the Fair Debt Collection Practices Act (FDCPA) and state debt collection laws against them by filing lawsuits against companies that do not comply with the laws.  Consumers can also file a consumer complaint with the Federal Trade Commission (FTC), which regulates the practices of debt collection companies.  The commission does not handle lawsuits so you would have to hire an attorney if you decide you want to sue your creditor.  To find out if your creditor has violated any debt collection laws, you should consult with a debt settlement attorney who can advise you of your rights.  Under the FDCPA, a creditor cannot do the following: 

  • Contact you before 8:00 a.m. or after 9:00 p.m.
  • Call you at work without your permission
  • Contact third parties about your debt or disclose information to third parties
  • Harass you or threaten you
  • Threaten you with criminal action
  • Try to collect the debt without giving you 30 days in which to respond from the time you receive notice about the debt   
  • Lie about the status of the debt or use deceptive practices to collect the debt
  • Contact you after you have advised the creditor that you have hired an attorney
  • Use abusive or profane language  

It is recommended that you contact a debt settlement attorney if you believe your creditor has violated the FDCPA laws or if you have been sued by a creditor. The attorney can represent and defend you in a lawsuit and explain all your legal options.  

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