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The FDCPA and debt collection rights

If you have a significant amount of debt and you are unable to pay it off, one of the most unpleasant and unnerving things you can possibly hear is a debt collector demanding that you repay a debt. Fortunately, the federal government has established acts that determine what is considered acceptable behavior for debt collectors. This act is known as the Fair Debt Collection Practices Act.

The Fair Debt Collection Practices Act

Because of the potential for harassment, the federal government approved the Fair Debt Collection Practices Act (FDCPA) in 1977. It is worth noting that the FDCPA applies to debt collectors, not creditors. This act defines how debt collectors are legally able to go about collecting debts owed to the agencies for which they work.

When contacting you in regard to your debts, a debt collector must,

· Contact you during usual times and in a place that is not inconvenient unless they have been given permission by a court to do otherwise. According to the FDCPA, "unusual" times are considered the hours before 8:00am or after 9:00pm.

· Contact the debtor's attorney if they are being represented by one unless the attorney is unresponsive or has given the collector permission to contact their client.

When contacting you in regard to your debts, a debt collector cannot,

· Threaten you in any way

· Use obscene or profane language

· Call repeatedly

· Call you without first notifying you that they are attempting to collect a debt

· Claim to be anything other than a debt collector

· Threaten to take action they cannot legally take

· Tell you false debt information

· Add additional fees or charges to your debts

These are just a fraction of the regulations to which debt collectors must adhere. If they do not strictly adhere to the rules and regulations defined in the FFDCPA, you may have grounds to take legal action against them.

If you find yourself in a situation where a debt collector has broken these rules or if you suspect that they have done so, if it recommended that you obtain the services of a legal professional who is experienced in these types of cases. Their expertise will be of great value as you go about getting the justice you deserve.

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  • NACBA | National Association of Consumer Bankruptcy Attorneys
  • NACA | National Association of Consumer Advocates
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Goldman & Beslow, LLC

Goldman & Beslow, LLC is a Federal Debt Relief Agency by an Act of Congress. We have proudly assisted consumers seeking relief under the U.S. Bankruptcy Code for over 38 years.

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