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The Fair Debt Collection Practices Act (FDCPA)

Federal Protection for Borrowers

If you have more debt than you can comfortably manage, you are probably becoming accustomed to receiving letters and phone calls from creditors attempting to recover on past due debts. When you fall behind on your payments, the debt is often referred to a collection agency that makes its revenue based on its success in enforcing payment. In the past, creditors and debt collectors were known to resort to extreme measures to secure payment from borrowers. In 1978 the United States Congress passed the Fair Debt Collection Practices Act, or FDCPA, to protect debtors from creditor abuse and harassment. This law sets out guidelines for what is permissible when attempting to get payment on a debt, and if you believe that your rights have been violated you may be able to use the FDCPA for legal protection.

Under the FDCPA, a creditor is required to provide self identification during any phone call, as well as notification that any information obtained may be used for collecting on the debt. Phone calls before 8:00 AM and after 9:00 PM are prohibited. The consumer has to be notified of the legal right to dispute the debt, and cannot be threatened with retaliation or arrest. Debt collectors are forbidden to contact 3rd parties about the debt, beyond seeking information about the location of the borrower. You can even put an end to contact from a debt collector by making a written notice that you no longer wish to receive communication.

Understanding Your Rights

Price Law Group can help you when you are under pressure from debt collectors and your rights under the FDCPA have been violated. An attorney from the firm will act as your representative with creditors and debt collectors, and may even be able to file a lawsuit for punitive damages on your behalf. The firm can also assist you with a loan modification, debt settlement or bankruptcy, to handle the underlying problem that has exposed you to creditor actions. Filing for Chapter 7 or Chapter 13 bankruptcy will give you the protection of an automatic stay, meaning that you will not only be shielded from creditor abuse but from all actions to recover debts against you.

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