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Because of the difficult economic
conditions we are experiencing, more and
more consumers are finding themselves unable
to pay their credit card bills. As a result,
debt collectors are working overtime, and
debt collection abuses are skyrocketing.
Both the Federal and State governments have
enacted rules governing debt collectors, but
many of those rules are routinely broken by
debt collectors who know that most consumers
are unaware of what their rights are under
those laws.
The Fair Debt Collection Practices Act is
the Federal law that regulates debt
collectors. Among the many things prohibited
by the Act are:
– Calling a consumer before 8:00 a.m. or
after 9:00 p.m.
– Contacting a consumer if the consumer is
represented by an attorney.
– Calling a consumer at work if the debt
collector has been informed that doing so is
prohibited by the consumer’s employer.
– Communicating with third parties about a
debt.
– Using threatening or abusive language.
– Calling repeatedly with the intent to
annoy, abuse, or harass the consumer.
– Making false representations, such as a
debt collector identifying himself as an
attorney, a police officer, or other
official.
– Threatening to take action that is not
allowed by law, such as imprisoning a
debtor, garnishing wages, or seizing
property that is not collateral for that
debt.
Consumers are entitled to receive validation
of the debt and can force debt collectors to
cease communicating with them by sending
written notice. Consumers can also file suit
against debt collectors and collect damages
and attorney’s fees if the debt collector is
found to have violated the FDCPA.
The State of Texas also has its own debt
collection laws that extend the protection
of consumers to include violations by the
original creditor attempting to collect a
debt. The Federal law covers only debt
collectors who are trying to collect a debt,
and does not apply to an original creditor
trying to collect a debt on its own account.
Recently, the NBC program Dateline ran an
excellent series concerning debt collection
abuses. The program and many other links to
information on debt collection issues is
located
here.
Kraft & Associates is a federally designated
Debt Relief Agency under the United States
Bankruptcy Code. We assist people with
finding solutions to their debt problems
including, where appropriate, assisting them
with the filing of petitions for relief
under the U.S. Bankruptcy Code.
Kraft & Associates
2777 Stemmons Freeway
Suite 1300
Dallas, Texas 75207
Dallas: (214) 999-9999
Fort Worth: (817) 999-9999
Toll Free: (800) 989-9999
FAX: (214) 637-2118
E-mail: info@kraftlaw.com
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