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Illegal Debt Collection Tactics Part 8: Use or threaten to use violence if you don't pay
The Fair Debt Collection Practices Act, or the FDCPA, was signed into law in 1978, to protect people from harassment, collections calls, and sometimes violence, which are all FDCPA violations. The law came into being through the Federal Trade Commission, and was passed by the U.S. Congress, allowing consumers more protection from unlawful actions by third parties hired by creditors. Thousands of consumers file complaints with the FTC every year, as a result of the conduct of unethical agents working on their behalf. Most people don't realize that they have recourse when they're dealing with continuous threats from people who demand payment.
The FDCPA has very specific regulations regarding the actions of third party companies hired by creditors to collect debts, and some states have further provided protection for consumers by passing laws at the state level to work along with the federal laws. In many cases the debt can be the result of an unforeseen problem such as a medical emergency, serious illness, or death of a family member. Quite often there isn't enough insurance coverage to handle all the costs and can ruin a family financially. It's a hardship and very stressful on everyone involved.
Although some debt collectors use ethical, lawful means of collecting money, thousands use methods that are FDCPA violations. Consumers file thousands of complaints and lawsuits against these companies every year. There are specific actions that third party agents aren't allowed to use under the Fair Debt Collection Practices Act. Calling your home before 8 am or after 9 pm isn't allowed, and neither are calls made to your workplace if your employer has a policy against personal calls. However, you must send a written request to stop phone calls at work.
The FDCPA does not allow any form of harassment, either by written communication, electronic methods, or by phone. Some consumers have filed complaints with the Federal Trade Commission due to collections calls from auto dialers some companies use. Auto dialers aren't specifically against federal law. However, if a third party collector is using an autodialed, and repeatedly calls you at home or at work, this is an FDCPA violation. Some of the more serious, and just plain "dirty tricks" that collections agents use to scare a consumer into paying a debt are threats that personal property will be confiscated or implied threats against the consumer. Even more serious, is when actual violence takes place.
One young woman in her twenties who was living with her parents, got behind with a car payment when she lost her job. The collections agent hired to recover the debt called several times and she explained her situation, but he wouldn't listen and said he could "hurt her" if she didn't pay off her debt immediately. She contacted the police and got a restraining order, then contacted a fair debt lawyer. She sued the company and won her case.
Many consumers aren't aware of how the federal law can protect them when they're in a serious financial situation and don't realize they have recourse when dealing with unethical or even illegal third party collections agents. If you aren't aware of your rights under the Fair Debt Collection Practices Act, are harassed by threatening collections calls, or threatened by any other means, this is a direct FDCPA violation, and under the FDCPA, you have the right to challenge or even take legal action against anyone who is a threat.
About the Author
Daniel A.<br>
Webmaster
I'll tell you the secrets that debt collectors don't want you to know. Learn how you can easily make collection calls stop, make a debt collector mad, and even get THEM to pay YOU! And remember, <u><b>nothing</b></u> scares a debt collector more than an <b>informed</b> and <b>angry</b> borrower.
Visit my FREE informational website at <a target="_new" href="http://www.nocollectioncalls.com/fdcpa.htm">http://www.NoCollectionCalls.com</a> and request your FREE e-book "The Truth About the American Credit System."
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