November 30, 2012

Fair Debt Collection Practices

People fail to meet their credit obligations for a variety of reasons. These range from over-extension of finances to unemployment and illness. Whatever the reason, every person is protected by the federal Fair Debt Collection Practices Act. Congress passed this act to protect consumers from harassment by debt collectors. Personal, family, and household debts are covered under the act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Limitations on Contacting the Consumer
A debt collector may only contact a person between the hours of 8 a.m. and 9 p.m. Debt collectors may not contact the consumer at his job if the debt collector is aware that the employer prohibits personal calls.

A person may notify a debt collector in writing if he or she does not want any further contact with the collector. Once this notice has been received, the debt collector must stop all communications, except to notify the person that a specific action will be taken.

Can Debt Collectors Tell Someone Else About Your Debt?
No! A debt collector can discuss your debt only with your attorney, a credit bureau, the creditor, and the creditor's lawyer. However, the debt collector can contact other people to find out where the debtor lives or works.

What Debt Collection Practices are Forbidden?
Debt collectors may not harass, intimidate, threaten, or embarrass you.

Debt collectors may not make false or misleading statements, such as falsely associating themselves with a government office or credit bureau. They may not use misleading or false threats of imprisonment or criminal charges.

What to do if a Debt Collector Violates the Act:

Keep detailed records of any communication you have with the debt collector. Include time, date, and the name of the person with whom you spoke.

Keep a copy of all written correspondence between you and the debt collector.

Report the company in writing. Send the report to:

Federal Trade Commission
Correspondence Branch
600 Pennsylvania, NW
Washington, D.C. 20580

or

Arkansas Debt Collection Board
523 S. Louisiana, Suite 460
Little Rock, AR 72201

Depending on the conduct of the debt collector, you may have a private cause of action. You may want to consider talking with a private attorney to discuss your options.

www.ag.arkansas.gov

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The above statements do not represent those of Weston Legal or Michael Weston and they have not been reviewed for accuracy. The statements have been published by a third party and are being linked to by our website only because they contain information relating to debt. Nothing in this article should be construed as legal advice given by Weston Legal or Michael Weston. To view the source of the article, please following the link to the website that published the article. Articles written by Michael W. Weston can be viewed here: To report any problem with this article please email azcreditcardlawsuit@westonlegal.com

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