If you've ever dealt with a debt collector, then you understand just how unpleasant the experience can be. Before the enactment of the Fair Debt Collection Practices Act, a collector was allowed to use any debt collection tactics that would best serve their purposes - but completely ignore the best interests of the consumer. But the Act has changed things - it sets down strict rules and regulations that must be followed by debt collectors whenever they're attempting to collect a debt. Here are a few things you should know when dealing with an out of control collector.
They Must Prove That You Owe the Debt
No bill collector can demand that you pay a debt without first proving to you that the debt is actually yours. They have to do this with a letter, which tells you who the original creditor was, the amount of the original debt and an accounting of any fees that have been added to it. If you don't think the debt is yours, you can dispute it by sending the collector a letter telling them that the debt isn't yours. In order for them to continue collections, they will have to prove that it is. It's important that you dispute it if you don't believe the debt is yours; otherwise, the debt collector will have the right to assume that it's yours.
They Must Treat You With Respect
The old debt collection tactics involved humiliating or embarrassing someone into paying. A debt collector would make empty threats, call people names, insult them and demean them for not paying their bills on time. But the Fair Debt Collection Practices Act prohibits this kind of behavior from a debt collector. Instead, they must treat you with respect, and not attempt to belittle or demean you-even if you owe the debt.
A bill collector also isn't allowed to talk to other people about your debt, and that includes coworkers, your family, neighbors or your friends. If they call someone to try and locate you, they aren't allowed to tell them why they are looking for you, or identify themselves as a debt collector. They're only allowed to call a third party a second time if that person invites them to.
They Must Tell You Who They Are
Years ago, a bill collector may have called a consumer and pretended to be law enforcement, the IRS, an investigator or an attorney in order to scare a consumer into paying up. But thankfully, those debt collection practices have been outlawed by the Fair Debt Collection Practices Act. The law states that a debt collector must identify himself or herself as such whenever they contact you. But they can't do so in a way that would embarrass you. For instance, they can't leave a message that talks about your debt on an answering machine where others could hear it, and if they communicate with you by mail, they can't mark the envelope in a way that would allow others to know that the letter is from a debt collector.
The Fair Debt Collection Practices Act has done a lot to ensure that consumers are protected from predatory debt collectors. But the law isn't effective unless people understand their rights. If you're being harassed by a debt collector, learn your rights and stand up to them. After all, the law is on your side.
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