The Fair Debt Collection Practices Act
Sometimes people get carried away with the sense of purchasing power they gain from opening up a credit card account. When this happens, they are liable to slip into heavy debt and owe more money than they can pay to these credit companies. Those who miss a certain number of payments will be approached by collection agencies, hired by the owed credit card company, who will attempt to obtain the funds from you. In order to ensure that these collectors avoid abusive tactics when attempting to get their debtors to pay their debts, the US government enacted the Fair Debt Collection Practices Act.
Your Rights
The Fair Debt Collection Practices Act (FDCPA) was passed in 1978 as an addendum to the Consumer Credit Protection Act. This law was set in place in order to ensure that debt collectors approach consumers in a fair and non-abusive manner. The FDCPA prohibits creditors from taking any of the following actions:
- Contacting debtors at an unreasonable time of the day
- Discussing your debt with a third party (not including your attorney)
- Delivering false threats of property seizure
- Delivering false threats of suing
- Threatening the debtor with incarceration
- Antagonizing the debtor with abrasive or abusive language
- Placing repeated phone calls
- Seeking unnecessary or illegal fees
- Making false claims about being a lawyer or law enforcement officer
- Calling the debtor’s workplace after being told not to
If a debt collector has violated the FDCPA by taking any of the above actions against you, you may be able to successfully bring charges against him or her.
Contact Us
If you would like to learn more about the Fair Debt Collection Practices Act and the rights granted to you, the debtor, by this piece of legislation, contact the Austin bankruptcy lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-338-1100 to speak with an experienced attorney about your situation.