Lies by debt collectors – Violations of the FDCPA

One of the biggest violations debt collectors commit during their aggressive debt collections is to lie over the phone. There are many lies that the debt collectors speak over the phone. They do not disclose their names while trying to collect from you. Sometimes they give you a false identities. Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must identify his name and the collection agency he is working for. The FDCPA is a federal act enforced by the Federal Trade Commission (FTC) to protect consumers against illegal and unethical debt collection practices by debt collectors. Third party debt collectors buy debt from original creditors for a very small price and have nothing to lose money wise. The FDCPA has clear guidelines to be followed by third party debt collectors engaged by debt collection agencies. They are: • Calling you at a convenient time • Informing you of his identity • Speaking in proper language • Disclosing debt details • Giving the original creditor's details • Listening to consumers if they have a payment suggestion • Not calling on numbers that have not been mentioned with the original creditor One of the most frequent violations and one that a debt collector compromises on his integrity is giving a wrong identity. Debt collectors call from unknown or blank numbers or restricted lines and leave voice mails in threatening tones. This is not welcome because if there is a legitimate debt to be collected then there is no reason why a debt collector should resort to such methods. Giving misleading and ambiguous information also is not a right method because it leads to unnecessary fear and displeasure among the consumers. Often debt collectors lie about calling your office or garnishing your wages. Unless there is a court ruling or they are original creditors, debt collectors do not have the right to garnish your wages. Lying about taking legal action or posing as an attorney are again punishable wrongs of debt collectors. Lying about the amount of debt owed is again a violation by debt collectors. Debt collectors are required to mention the right amount that you owe. He should not implicate an amount more than you owe to extract more money from you. Calling for someone else and harassing you for that person, alleging you to be someone else and trying to collect from you is another big lie debt collectors resort to. If it is a case of mistaken identity, collectors are expected to stop once you request them to stop on that pretext. However, if they still continue they are resorting to lies and are violating the FDCPA. Debtors are protected by the FDCPA for a fair collection of debts. A clear understanding of your rights under the FDCPA is essential to stay away from debt collectors harassment. A little preparation and knowledge of the FDCPA can assure you of a hassle free life.

The Fair Debt Collection Practices Act (FDCPA) came into practice to regulate the methods used by debt collectors in collecting debt. According to the FDCPA, a debt collector is someone who collects debts on a regular basis. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy criminal debts and then try to collect them. A debt collector can call during day time on a number agreed by you, and only request for payment. He cannot demand or disturb you in any form. The FDCPA protects you from debt collector harassment. A debt collector cannot harass you by calling you any time of day and night. He cannot call you at your workplace. He cannot shout or abuse you to pay the debt. If you have asked him orally or in writing not to call you, he has to stop. If you are represented by an attorney he must contact only the attorney. By calling you even after your engaging an attorney, debt collector violates the FDCPA. You can sue the debt collector for this violation. The debt collector cannot intimidate you with dire consequences like threatening to garnish your wages, or get you arrested. These violations are strictly punishable by law.

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