Does the Fair Debt Collection Practices Act protect me?
The minute a company transfers your debt to a third party collection agency you are automatically protected by other provisions of the FDCPA. As a consumer you are protected from the abusive tactics commonly used by many collection agencies.
Under the FDCPA, a collection agency cannot do the following:
- Call you before 8:00 am or after 9:00 pm.
- Call you at work if you’ve requested them not to do so.
- Talk to anyone but you or your attorney about the debt.
- Threaten to seize your property or garnish your wages unless they actually intend to do so. Each state has different laws concerning garnishments. In some states it’s illegal, and in others it requires a Court Order.
- Threaten to take legal action or sue you unless they actually intend to do so.
- Threaten you with arrest or jail.
- Use obscene or foul language.
- Annoy or harass you with repeated calls.
- Continue contacting you if you have requested that they cease and desist.
- Lie about their identities.
- Collection agents must give their real name and the real name of their company. They cannot pretend to be an attorney, law enforcement officer, or from a credit bureau.