If you are in debt and struggling to keep your head above water, it is easy to feel like there is no one on your side. It is you against the world trying to get out of your ocean of financial trouble. In fact, there are people on your side, including us here at Safe Credit Solutions. This is why we want to tell you about a legal protection you can and should be taking advantage of called the Fair Debt Collection Practices Act (FDCPA). It protects you in several different ways you certainly want to know about. The truth is that debt collectors may not be following these rules to the letter of the law. That is where we come in to help. First let’s talk a little about what the Fair Debt Collection Practices Act is, then we can discuss how it protects you in more detail. 

The Fair Debt Collection Practices Act

Essentially, the FDCPA protects consumers from abusive debt collection practices, such as foul language and misleading communication. They aren’t allowed to lie to you, nor wreck your life with harassing and embarrassing phone calls. Thanks to this Act, you control communication with debt collectors!

How it Protects You

#1 You can limit when and how debt collectors contact you. Debt collectors can’t contact you before 8 a.m. or after 9 p.m., or at work once you ask them not to. They must communicate through your attorney if you’re represented by one. As well, they can’t communicate about your debt with third parties, such as your employer, neighbors, or even family. In fact, they must cease contact entirely if you request it! 

#2 You’re protected from harassment or abuse. They are not permitted to use profane language, threaten to use violence, or call you repeatedly to annoy or harass you. This is defined as more than once a day about a specific debt, or within a week of having a conversation with you about a debt.

#3 Debt collectors must be truthful with you. Debt collectors cannot use any false, deceptive, or misleading representation to collect the debt. More specifically, they cannot lie about the legal repercussions for not paying the debt or pass themselves off as another company, professional, or authority figure.

#4 It curbs other unfair behavior by debt collectors. They cannot solicit postdated checks for payment to use as a threat or for the purposes of instituting criminal prosecution, deposit or threaten to deposit a postdated check before your intended payment date, or collect more than you owe on a debt, which may include fees and interest.

#5 Debt collectors must validate your debt. Debt collectors must prove that you owe the debt they’re attempting to collect. This starts with the validation letter, if you request one.

While these protections are built into the law, they may not come automatically to you. You are not fighting this fight alone! Safe Credit Solutions is here to be on your side. Reach out today and learn more about how we can help you .