Consumer Rights. Got Credit Card Debt. We can help!!!

What are your Consumer Rights?

In 1977 the government passed the Fair Debt Collection Practices Act (FDCPA) as a law that will protect you the consumer and debtors from harassment or unfair treatment by debt collectors. All debt collectors must abide by the rules of the Fair Debt Collection Practices Act when collection on an unpaid debt. Many debt collectors do not follow the rules from this act and use scare tactics, which violate the rights of consumers. Below is what debt collectors may and may not do:

Debt Collectors MAY NOT:

  • Give false or misleading information on your debt to you or others
  • Notify you by telephone after 9PM or before 8AM within your time zone
  • Disturb your work duties at your place of employment
  • Make excessive calls to your home or work. This is harassment
  • Send you a letter that looks like an official government document
  • Threaten you or family members with physical harm
  • Threaten or imply to damage your property
  • Deposit a post dated check before the date on the check
  • Tell you that they are from a law firm or government agency
  • Continue to harass you over the telephone after you have sent them written notice to cease calls
  • Ask you for personal information. You have the right not to respond to their questioning

Debt Collectors MUST:

  • Call between the hours of 8AM and 9PM and they can be forceful in a normal tone when asking for payment. They cannot harass, threaten you with physical harm or annoy you in anyway.
  • Identify themselves, their company and explain the nature of the call to you. You have the right to know who is calling you and why they are calling.
  • Let you know that legal actions may be used against you in order to collect on the debt. In addition, the debt collector can explain what will happen if a lawsuit is filed and a judgment is entered on behalf of the creditor
  • Ask you in advance to cancel the existing agreement and negotiate a new one. You have the right not to comply or negotiate a new agreement
  • File a creditor's claim against the estate if the debtor is deceased
  • Obtain verbal permission from you or someone else in your household in order to telephone you at work.

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