Know your Rights in the FDCPA

written by: John Kevin; article published: year 2010, month 05;

In: Root » Legal and finance » Debt and credit

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The Federal Debt Collection Practices Act (FDCPA) has laid down guidelines for fair debt collection. It has clearly listed the regulations and violations of fair debt collection. As a consumer you have rights for fair debt collection even if you owe.

As a consumer you have a right to:

  • Refuse to take a call from a debt collector
  • Hang up on a debt collector
  • Tell him orally not to call
  • Inform him in writing not to call
  • Inform him not to call you at inconvenient times
  • Ask him to call at a time set by you
  • Ask for written communication
  • Tell him not to call at work place
  • Ask for validation of the debt
  • Inform him to communicate with your attorney
  • Send a cease and desist letter to stop further communication
  • Record calls from debt collector (varies from state to state)

Even if you owe a debt the FDCPA provides for your protection against unfair debt collection practices. You have a right to legal action if debt collectors violate the FDCPA. Rest assured you will have an upper hand if you are aware of your rights in consumer protection.

The FDCPA is a federal law that is enacted for the protection of consumer rights against unlawful debt collection practices. According to this Act the creditor or the debt collection agency that bought your debt from the original creditor has the right to collect the debt legally from you.

However while trying to collect this debt, a debt collector cannot abuse you, threaten you, or use any illegal practices. He can be tried for violations of the FDCPA if he calls you after a written request from you to cease all communication. He has to validate the debt at your request and employ fair means to collect the debt. He cannot mislead you with wrong information or quote inappropriate debts.

As a consumer, if you are aware of your rights in the Act and let the debt collector know of this knowledge, you can keep away from unfair and mean debt collectors.

Resource: The Fair Debt Collection Practices Act offers protection from illegal and unethical tactics of the debt collectors. A clear understanding of debt collection laws under the FDCPA will entail you to the power to fight the third party debt collectors.

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