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Debt collectors are required to identify themselves before calling you at home. This is a federal law that aims to protect consumers from harassment and deception.
The Fair Debt Collection Practices Act (FDCPA) requires debt collectors to state their name and the name of the creditor they work for. This information must be provided within five seconds of initiating the call.
Debt collectors must also clearly state the purpose of the call, which is to collect a debt. They can't pretend to be someone else or hide their true intentions.
Debt collectors are not allowed to call you at inconvenient times, such as early in the morning or late at night. They must also give you a chance to verify the debt and provide information about the creditor.
What Collectors Can't Do
Debt collectors are regulated by the Texas Debt Collection Act, which means they have to play by the rules.
Debt collectors are prohibited from making false or misleading statements to collect a debt.
They can't threaten to sue you or garnish your wages unless they actually intend to do so.
Debt collectors can't contact you at work if they know your employer doesn't allow it.
They can't contact other people about your debt, except for your spouse or lawyer.
FDCPA Rules and Protections
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Debt collectors are required to identify themselves, but there are some exceptions. They must include their name, address, and the name of their employer in their initial communication.
Debt collectors can contact debtors at their homes or offices, but if a debtor tells them to stop calling their place of employment, they must comply. This can be done verbally or in writing.
Debt collectors can also contact debtors through social media, but they must do so in a private manner that's hidden from other friends or connections. They must identify themselves as a debt collector and offer a way to opt out of their communications.
If a debt collector contacts a debtor, they must send a written validation notice within five days. This notice must include the amount owed, the name of the creditor, and notice that the debtor has 30 days to dispute the debt.
Debt collectors can only call a debtor's home phone if the debtor has not requested in writing to stop calls at that number. If they do call, they must stop after seven calls in a seven-day period.
Check this out: How to Stop Debt Collectors from Calling
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Debt collectors can call third parties, such as relatives or neighbors, to try to find a debtor's phone number. However, they can only discuss the debt with the debtor or their spouse, and they cannot reveal any information about the debt.
Debt collectors are prohibited from using threats of bodily harm or arrest to collect a debt. They also cannot lie or use profane or obscene language.
Here are some examples of what debt collectors can and cannot do:
Debt collectors can be subject to criminal and civil penalties if they violate the FDCPA. Debtors can also seek injunctions and damages against debt collectors who harass or deceive them.
The Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to professional debt collection agencies and attorneys hired to collect a debt. It prohibits collectors from calling at work if they know the employer doesn't permit it.
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The FDCPA also limits the time of day when collectors can call, prohibiting calls before 8:00 a.m. or after 9:00 p.m. unless the collector knows it's more convenient for the debtor.
Debt collectors can't use unfair or unconscionable means to collect a debt, and they're not allowed to engage in any conduct that harasses, oppresses, or abuses debtors. If you're being subjected to these tactics, you can notify the collector in writing and stop further contact.
Here are some key restrictions on debt collector communication:
- Calls at work are prohibited if the collector knows the employer doesn't permit it
- Calls before 8:00 a.m. or after 9:00 p.m. are prohibited unless the collector knows it's more convenient for the debtor
- Debt collectors can send letters, emails, or text messages to collect a debt
- Debt collectors can contact debtors at their homes or offices
- Debt collectors can contact debtors through social media, but must identify themselves and offer a way to opt out
Debt collectors must send a written validation notice within five days of contacting a debtor, which includes:
- How much money the debtor owes
- The name of the creditor to whom the debt is owed
- Notice that they have 30 days to dispute the debt and what to do
- A tear-off portion to use as a dispute form
Frequently Asked Questions
Do debt collectors have to verify your identity?
Yes, debt collectors must verify your identity before discussing any account details. This verification process is required by law to ensure they're speaking with the correct person.
What is the 11 word phrase to stop debt collectors?
To stop debt collectors, use the 11-word phrase "Please cease and desist all calls and contact with me, immediately." This phrase can provide significant protection against aggressive debt collection practices.
Sources
- https://consumer.ftc.gov/articles/debt-collection-faqs
- https://www.texasattorneygeneral.gov/consumer-protection/financial-and-insurance-scams/debt-collection-and-relief/your-debt-collection-rights
- https://www.investopedia.com/terms/f/fair-debt-collection-practices-act-fdcpa.asp
- https://consumer.sc.gov/consumer-faqs/fair-debt-collection-faqs
- https://www.michigan.gov/consumerprotection/protect-yourself/consumer-alerts/scams/debt-collector-irs
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