Usp Tactical
Illegal Debt Collection Tactics Part 6: Call At Times the Collector Knows Are Inconvenient
The Fair Debt Collection Practices Act or the FDCPA, was signed into law in the 1970′s to protect the public from unfair and unlawful collections activities by third parties, including collections calls, which in many cases are FDCPA violations. The act was signed into law by the U.S. Congress, and is enforced under the jurisdiction of the Federal Trade Commission. The law specifically targets third party collection agencies hired by creditors to collect outstanding debts from consumers.
In 2009, more lawsuits were filed by consumers for FDCPA violations, than at anytime since the law was enacted. Over 8,200 FDCPA complaints were filed by consumers whose rights had been violated by unfair or even illegal debt collections methods. Record complaints that totaled over 88,000 were registered by consumers who were dealing with harassment by third party collections agents.
Violations of the law include contacting third parties about your debt, not identifying themselves properly, harassment when you have legal representation, non-validation of the debt, demanding more money in the form of additional fees or interest, are all in direct violation of the Fair Debt Collection Practices Act. One of the most distressing practices faced by people who owe money to creditors, is when collection agencies make repeated or even harassing collections calls to your home or workplace. The law specifically states that debt collectors may not call a debtor at a time that they were aware was inconvenient, or should have known the timing of the call was inconvenient.
In one recent case, a woman was repeatedly called at work, even after notifying the collection agency by USPS certified mail that her employer would not allow personal calls at work. She specifically stated in her letter that she was not to be called between 8 am and 6 pm. However, the phone calls which were at an inconvenient time for her, continued repeatedly in a direct violation of the FDCPA. The collector, claiming to be a representative of a law firm, harassed the woman on the phone. The woman contacted an attorney who handles consumer complaints against unethical collection agencies, and the collector has been notified that they are not to contact the woman by any means in the future.
Although the law states that collections calls may be made between 8 am and 9 pm, if your employer ‘s policy specifically forbids personal phone calls, and you continue to get them after notifying the third party agent in writing, that it’s against your company’s policy to allow employees to accept personal calls, it’s an FDCPA violation. You should always keep a log of when the calls take place in the event that you choose to sue them under the Fair Debt Collection Practices Act. The FDCPA law has been cited in court and the following instances of “inconvenience” for the debtor were upheld. The consumer was taking care of an ill family member. They were eating dinner. The person owing the debt works nights, so those hours were daytime for him, and the person being called was entertaining. When violations of the law occur and are proven, it can mean a fine of up to $1,000 for each violation.
About the Author
Daniel A.
Webmaster
<a href=”http://www.nocollectioncalls.com”>http://www.NoCollectionCalls.com</a>
I’ll tell you the secrets that debt collectors don’t want you to know. Learn how you can easily make collection calls stop, make a debt collector mad, and even get THEM to pay YOU! And remember, <u><b>nothing</b></u> scares a debt collector more than an <b>informed</b> and <b>angry</b> borrower.
Visit my FREE informational website at <a href=”http://www.nocollectioncalls.com”>http://www.NoCollectionCalls.com</a> and request your FREE e-book “The Truth About the American Credit System.”
<b>LEGAL DISCLAIMER:</b>The content on this site is for informational purposes only. If you do not have an attorney but need legal advice, I suggest obtaining a Prepaid Legal Services Membership for less than $30 per month by <a href=”https://www.prepaidlegal.com/MS/Multisite?site=hub&assoc=ademaenterprisesinc”>CLICKING HERE.</a> Before doing anything it is advised you consult with an attorney. The authors of this content are not in any way attorneys. They may be wrong, stupid, or both. Proceed at your own risk.
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