On September 20th, 1977, the Fair Debt Collections Practices Act (FDCPA) was approved on a federal level and by March of 1978, the act became fully effective, offering protection to consumers from illegal, abusive, and defensive debt collection practices while safeguarding reputable debt collectors from unfair competition. Under the FDCPA, there were several established guidelines that debt collectors are now expected to follow or risk facing penalties.
What Kind of Contact is Deemed Unacceptable under the FDCPA?
The Fair Debt Collections Practices Act deems certain kinds of abusive contact by debtors including:
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- Persistently calling individuals or contacting them outside of the hours of 8 am – 9 pm.
- Refusing to cease communication when requested to.
- Contacting individuals where they work.
- Using deception to collect debt.
- Demanding amounts that are unjustified under a contract or law.
- Threatening consumers with arrest or unwarranted legal action.
- Using profane or abusive language.
- Discussing debt with third party individuals.
- Reporting false information on credit reports.
- Using embarrassing media when contacting consumers.
In addition creditors have to perform the following:
- Provide the name and contact information of the original creditor.
- Identify themselves to the consumer during the initial meeting.
- Provide the name and contact information of the original creditor.
- Give the verification of debt to the consumer.
- Utilize the proper venue when filing a lawsuit.
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For the most part, the Fair Debt Collections Practices Act applies to third party debt collectors, not original creditors. With its huge list of guidelines that need to be followed, it is important to utilize the services of a professional like William D. Schroeder Jr. bankruptcy attorney in Philadelphia. William D. Schroeder, Jr. performs a variety of different legal services in addition to aiding clients with FDCPA guidelines including debt consolidation, bankruptcy, foreclosure, mortgage modification, criminal defense, personal injury and all areas of divorce/family law. To find out more information about William D. Schroeder, Jr.’s legal services visit his website at https://www.jrlaw.org/ or contact them directly at:
William D. Schroeder, Jr. Attorney at Law
262A Bethlehem Pike, Suite 102
Colmar, PA, 18915
Ph. 215.822.2728
schroeder@jrlaw.org