Unfair debt collection is a troubling issue throughout the United States, and can cause a great deal of stress and worry among debtors. To try and reduce this problem, there is a law put in place called The Fair Debt Collection Practices Act (FDCPA), which has a large amount of protections and rights for those in debts.
This blog will provide a brief overview into some of the protections that you have if you are a victim of unfair debt collection, and what you can do if you continue to be harassed by your creditors.
Limits on direct communication
The debt collector has some strict limits on the amount that they can communicate with their debtors. For example, they are not legally allowed to communicate with you at an antisocial time of day (generally known as between 9 p.m. and 8 a.m.), or in an unusual place such as your place of employment. They should also refrain from contacting you directly if they know that you can be contacted through your attorney.
Limits on communication with other parties
The debt collector is also held to a measure of confidentiality, where they cannot discuss the details of your debts with anyone other than you, your attorney or their attorney.
Written notice on a request to refrain communication
If you as the debtor writes to the debt collector communicating your refusal to repay the debt, there are many limits that the debt collector has in further communication. They cannot communicate other than to notify you of key information, such as confirmation that they are terminating their efforts.
Source: Finlaw, “The fair debt collection practices act,” accessed Sep. 08, 2017
