State and federal laws regulate how debt collectors can interact with you. These laws are intended to eliminate the most abusive debt collection practices.
Knowing these laws can help you to assert your rights when a debt collector calls. Here are some of the rights you have during a debt collection.
The U.S. has two main federal laws on debt collection — the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
This act covers consumer debts, such as mortgages, medical bills, credit cards, student loans, and personal loans. The FDCPA does not cover business debts.
The FDCPA prohibits debt collectors from:
Under the FDCPA, debt collectors must call between 8 a.m. and 9 p.m. local time.
Debt collectors cannot continue to contact you after you ask them to stop. While they can still take action to collect the debt, the calls and letters must cease. Debt collectors also cannot use threatening or obscene language.
Debt collectors cannot speak to anyone about your debt except your spouse and your lawyer. This includes your employer, relatives, or bank.
Debt collectors cannot lie about who they are or what the laws allow them to do.
These laws govern the credit reporting bureaus. When a debt collector reports a debt to the credit bureaus, the FCRA gives you the right to dispute the debt.
Most states have laws about debt collection practices. Although your rights will depend on your state, most states prohibit debt collectors from:
You should review your state’s unfair practices laws to find out exactly what restrictions debt collectors must observe.
You have several options for fighting debt collectors. By asserting your rights under the FDCPA, FCRA, and other similar statutes, you may be able to turn the tables on debt collectors and make them pay you, pay your legal fees, negotiate away your debt, and delete bad credit reporting.
To learn more about your rights against debt collectors, contact Shrader Law, PLLC.
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