What's With The Fair Debt Collection Act?
Posted on
September 23, 2009
at
9:58 pm
I have been harrassed by debt collectors and I hope to hear more about this "Fair debt collection act" so they can stop calling me. I receive calls numerous times a day at VERY inappropriate times and this is seriously getting on my nerves. I hope to hear from you so this issue can be addressed accordingly and I can file a complaint against the collection agency calling me relentlessly
Posted on
September 24, 2009
at
12:12 am
The fair debt collection act is officially known as the Fair Debt Collection Practices Act, or the FDCPA. It exists to promote fair and honest debt collections, as well as to protect consumers from harmful and deceptive methods by debt collectors. Third-party debt collectors are covered by this Act, and it is enforced in all states. Although some states also have state-specific laws in regard to debt collections.
Posted on
September 24, 2009
at
1:32 am
One of the stipulations of the FDCPA is the allowable time for a collection agency to contact a debtor. They are permitted to call debtors only between the hours of 8 AM to 9 PM, according to the customer's time zone. Any other time beyond that is considered “inappropriate” and subject to a violation of the law, unless the customer makes a request to be contacted beyond the stipulated calling hours.
Posted on
September 24, 2009
at
2:17 am
How often can a debt collector call me under the Fair Debt Collection Act?
Posted on
September 24, 2009
at
2:44 am
The FDCPA doesn't really specify how many times a debt collector is permitted to call within the 8 am to 9 pm period. However, debt collectors should refrain from from harassing and abusive conduct, such as dialing a consumer's phone number repeatedly and continuously with the intention to annoy or irritate, as per this fair debt collection act.
Posted on
September 25, 2009
at
2:06 am
Another stipulation of the Fair Debt Collection Practices Act:A debt collector is not allowed to disclose the nature and purpose of the call, unless the debtor has authorized another individual, perhaps an attorney or a family member, to speak in their behalf, or has granted power of attorney for the third party. Debt collectors after all have a number of ways for finding people, and one of these is through contacting a debtor's family members, neighbors, and other people who may be associated with the debtor.
Posted on
September 29, 2009
at
4:12 am
So you're saying that debt collectors can call other people about my debt? Isn't that outrageous...
Posted on
September 29, 2009
at
4:58 am
Yes, they can, but only for location information purposes, and nothing more.Aside from the fair debt collection act, state-specific laws exist. State laws, for one, allow up to a certain percentage on garnishing wages. Most states adhere to the federal law-mandated 75% garnishment exemption on a debtor's monthly pay, but certain rates vary according to different states. In Delaware, for instance, either 15% of an individual's disposable earnings or the 15% plus an additional $150 can be deducted. On the other hand, a Massachusetts citizen is exempted an amount of $125 a week. You may look up your local state mandates for more information on what's applicable in your area.
Posted on
September 30, 2009
at
5:58 am
The Fair Debt Collection Act also covers some first party credit collectors and is enforced in specific states. I have yet to fill you guys in on this information--can someone verify this? Thx
Posted on
September 30, 2009
at
6:38 am
Creditors are exempt from FDCPA policy. There are some states, however, that require creditors with first-party collection agencies to adhere to this Act. Among these states are California, District of Columbia, Florida, Hawaii, Iowa, Maryland, Massachussetts, Michigan, West Virginia, Wisconsin, Hew Hampshire, New York, North and South Carolina, Oregon, Pennsylvania, Texas, and Vermont. New York City is also included in this list, and has its own exclusive restrictions other than what the state has.
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