Reasons That Consumers Should Know Their Debt Collection Rights
In 1978, the federal government determined that numerous debt collectors were engaging in abusive and deceptive practices in their attempts to collect payments and that debt collection laws were needed. Therefore, Congress put forth the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act protects debtors by setting ethical guidelines for the methods debt collectors can use. Fair debt collection prohibits debt collectors from using unfair practices. It is important that consumers know and understand their rights so that debt collectors do not violate debt collection laws when interacting with them. Fair debt collection is a constitutional right.
Debt collectors are third party companies or attorneys who have been charged with attempting to collect debts. Sometimes they are companies that actually buy negative accounts from banks or other lenders. The basic provisions of the law include debtors’ right to sue debt collectors for unfair practices against them; the right to not be harassed by debtors; protection from disclosure of the debt to other people; the right to not to not be contacted at certain times, such as early in the morning or late at night; the right of consumers to see validation of the debt they owe.
In the initial contact to debtors the companies seeking to collect the debt have to tell consumers of their ability and right to contest the validity of the debt. Consumers can receive notification of these rights within five days of initial contact in writing or by telephone. Consumers can ask for verification of the debt within 30 days of first contact. Debt collectors must cease calling or sending letters asking for payment until they send the debtor proof. If they cannot show verification of the debt, they have ti cease attempting collection of payment.
Debt collectors are also banned from speaking to debtors with abusive language, making threats or calling incessantly. Hopefully, you will never be in a position in which you need the legal services of a Tampa personal injury lawyer that specializes in debt collection harassment, but in the event that you do, please give Hoag Law Firm a call at or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement and get back to living your life.