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The Fair Debt Collections Practices Act (FDCPA)
The fair debt collections act which you download or view here in PDF is a Federal Statute (formal written enactment of a legislative authority) that stipulates your rights as a borrower. Just because you have outstanding debts you are not paying (or unable to pay) does not mean you can be harassed by a collection agency. There are rules that third-party collection agencies have to work by, and believe me – they abuse people all the time – bending this Statute every day.
Here is a quick list of what the Statute calls harassment;
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following
conduct is a violation of this section;
- The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
- The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
- The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
- The advertisement for sale of any debt to coerce payment of the debt.
- Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
You need to know what your rights are under Federal Law. I always suggest that you tell the collector on the phone that you are recording the phone call – this usually makes the phone call quite short – try it sometime if you are ever being chased by debt collectors. Hopefully you are NEVER there again.
Here is a video from a lawyer that deals with third-party collection agencies in Ohio – seems like a pretty decent guy;
httpvh://www.youtube.com/watch?v=XBBugXXLuhY
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