The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from debtor.  Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

 

The Act covers personal, family, and household debts, including money debtor owe on a personal credit card account, an auto loan, a medical bill, and debtor mortgage. The FDCPA doesn’t cover debts debtor incurred to run a business.

 

A debt collector may not contact debtor at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless debtor agree to it. And collectors may not contact debtor at work if they’re told (orally or in writing) that debtor is not allowed to get calls there.

 

If a collector contacts debtor about a debt that debtor may decide after contacting the debt collector that debtor don’t want the collector to contact debtor again, tell the collector – in writing – to stop contacting debtor. Make a copy of debtor’s letter. Send the original by certified mail, and pay for a “return receipt” so debtor’ll be able to document what the collector received. Once the collector receives debtor’s letter, they may not contact debtor again, with two exceptions: a collector can contact debtor to tell debtor there will be no further contact or to let debtor know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector debtor owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue debtor to collect the debt...Read More