Debt Management - Fight Back Against Collection Agencies Using Forbidden Practices
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Illegal and unfair tactics are often employed by collections agencies when seeking payment. Unfortunately, the uninformed are easy prey. To hold collection agencies accountable for blatantly unlawful practices, you first have to know your federally protected rights. Collection agencies who fail to follow the rules can result in court fees, fines and even license suspension. For your part, you could have your entire debt forgiven for fighting back against disallowed tactics.
Consumers' rights are protected under the Fair Debt Collections Practices Act (FDCPA) when facing collection proceedings. Here are some of the specific provisions under that law:
Torment or Abuse
A collection agent cannot use or threaten to use force against you, your property, or another member of your family. They are also prohibited from calling you repeatedly, not identifying themselves, listing you on a "deadbeat" list, or listing your property for sale.
Contact with You
Direct communication from collection agencies is limited to reasonable hours. Generally that means between the hours of about 8am-9pm, unless you inform them those are not good times for you. They are prohibited from contacting you at work, if it's not allowed. Most importantly, if you request it, all contact must stop entirely, unless it involves notification of either a settlement or that you are being sued.
Third Party Communication
Collection agencies are not allowed to talk to outside third parties about any aspects of your case. The exception is when they are trying to find out where you are. Then they can only ask your whereabouts and give their name. No mention of your debts or their employer can be given out. The third party cannot be contacted again unless they give permission or the agency has reason to believe they were given incomplete or false information.
Collection agencies must direct all contact through your attorney, if you have retained one as long as the attorney responds to their attempts. They can only go around your attorney if you have given permission otherwise. They have the right to contact your spouse and your parents if you are a minor, unless you tell them not to in writing. Collection agencies do not have the right to harass your adult children or your parents to get you to pay, even if this happens frequently.
Misleading or False Representation
Collection agents are not allowed to pretend to be a law enforcement officer, government official, or any other entity in their attempts to get your cooperation. They also cannot falsely represent the amount you owe, the legal status of your debt, or threaten legal action they do not actually intend to take. Sending you documentation intended to appear it's from a lawyer is also prohibited.
Unfair Practices
Unfair or outrageous tactics cannot be used to collect your debt. Specifically, a debt collector cannot add interest or fees to the original debt, request a postdated check with the intention of threatening you with criminal prosecution, deposit a postdated check prior to the date on the check without warning, or cause you to incur further charges due to their collection efforts.
Your Alternatives
You should direct complaints to the Federal Trade Commission, your state Attorney General's office, and your original creditor if you have been the victim of these types of practices. First contact your original creditor who can be held liable for such violations. They may consider forgiving your entire debt if the actions were especially grievous.
Another potential recourse is to sue the collection agency for these types of violations. You must document your claims and have at least one witness. In the past, some plaintiffs have been awarded damages and/or money for pain and suffering. Particularly bad cases of repeated abuse have resulted in punitive damages as well.
You need to know your rights when facing unscrupulous collection agencies. Hold them accountable and report any violations to the proper authorities right away to avoid being their next victim.
Article Source: Articlelogy.com
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