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FDCPA vs. Abusive Debt Collector
Dealing with debts is never a pleasant feeling. So, it really does not make much of a difference whether the debt is dealing with student loans or credit cards. However, the worst feeling is probably to deal with the harassment of the debt collectors. Receiving phone calls and letters from an abusive debt collector can be very stressful. The Fair Debt Collection Practices Act (FDCPA) protects you from all these harassments. Therefore, you must use it in your favor with the help of a consumer law attorney.
The FDCPA has strict guidelines against deceptive or abusive practices of a debt collection agency. According to its stringent rules, a debt collection agency cannot call you anytime in the day. If a debt collector calls you at odd hours without your permission, he would be termed as an abusive debt collector. Moreover, a debt collector has no right to call you at the place of your employment. They can only call you at the work place if they get your permission. So, you should warn your debt collector if he is doing these things; the practices would be termed as illegal under FDCPA.
The debt collector must not make any effort to get in touch with you in the presence of your consumer law attorney. In that case, he should make all future communication with you through your attorney. To put simply, if you request your debt collection agency to stop communication, then as per the FDCPA, they are bound to do so. Exceptions to this rule can be made only under special circumstances. Say for instance, if the collection agency makes an effort to inform you that your debt is going to be canceled by them in the near future.
Again, you have the right to ask for verification in writing for the debt amount. And the debt collection agency must furnish the details to you on time, as per the laws of the FDCPA. The verification details must always include the original creditor’s address and name. The collection agency would be in front of serious trouble, if they fail to adhere to these rules. Your consumer law attorney should be experienced enough to seize any kind of opportunity in your favor. He must react very quickly, and take necessary legal action with immediate effect whenever he spots a breach of agreement by the debt collector. He must also collect sufficient evidence, to teach appropriate lessons to an abusive debt collector.
A debt collector also has no right to discuss the matter of debt with any person other than you. He would be declared as an abusive debt collector, if he discloses the details of your debt to your spouse or any other family member. Furthermore, he must never send confidential letters on an envelope, which makes quite obvious who the sender is. Under these circumstances, your consumer law attorney has full authority to take serious action against the debt collection agency.
So, appoint a good consumer law attorney for defending yourself from an abusive debt collector.
Austin Aims has a good knowledge on consumer law attorney and abusive debt collector.For more information please visit http://www.consumerlawfirmcenter.com/
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Tags: Consumer Issues : Legal
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