The 10 commandments from FDCPA shielding you from pesky creditors!

The age-old idea that laws are confusing and unfriendly is a myth now. The Fair Debt Collection Practices Act (FDCPA) is a true friend to a consumer and removes the taboo of counter ages forever. The FDCPA applies to personal, family, and household debts. However you are responsible for your legitimate debts. But in the process you are protected from the harassment of inconsiderate creditors.

If you fall behind in paying your creditors or an error is made on your account, you may be contacted by a "debt collector." A debt collector is any person, other than the creditor, who regularly collects debts owed to others. This includes lawyers who collect debts on a regular basis. FDCPA ensures that you have the right to be treated fairly by debt collectors. This includes money you owe for auto loan, medical expenses, personal loans, or for chargeable accounts. The FDCPA restricts the debt collectors from practicing oppressive, unfair, deceptive, or abusive activities while collecting your respective debts.

The FDCPA ten commandments for consumers which protects them from illegal and torturous actions of creditors:

•Debt collectors may contact you only between 8 a.m. and 9 p.m.

•Debt collectors may not contact you at work if they know your employer disapproves.

•Debt collectors may not harass, oppress, or abuse you either by language or by actions :

a) Use threats of violence or harm against the person, property, or reputation;
b) Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
c) Use obscene or profane language;
d) Repeatedly use the telephone to annoy someone;
e) Telephone people without identifying themselves;
f) Advertise your debt.

•Debt collectors may not give false and untrue information during debt collection, such creating a bad reputation about you or quoting a false amount of the debt you actually owe.

They are prohibited from:

a) Falsely imply that they are attorneys or government representatives;
b) Falsely imply that you have committed a crime;
c) Falsely represent that they operate or work for a credit bureau;
d) Misrepresent the amount of your debt;
e) Misrepresent the involvement of an attorney in collecting a debt;
f) Indicate that papers being sent to you are legal forms when they are not;
g) Indicate that papers being sent to you are not legal forms when they are.

•Debt collectors must identify themselves to you on the phone.

•Debt collectors must stop contacting you if you ask them to in writing.

•Debt collectors are not allowed to collect debts without a proper debt validation letter. Within five days after you are first contacted by a debt collector, they must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money and what action to take if you believe that you do not owe the money.

•If you have an attorney, the debt collector may not contact anyone other than your attorney. However, if you do not have an attorney, a debt collector may contact other people, but only to find out where you live and work. Debt collectors are usually prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

•A debt collectors may not state:

a)You will be arrested if you do not pay your debt;
b) They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so;
c) Actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

•You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damages you suffered, Court costs and attorneys fees. A group of people also may sue a debt collector (called a class action) and recover money for damages up to $500,000.00, or one percent of the collectors net worth, whichever is less.

The Federal Trade Commission staff issued the "FTC Official Staff Commentary on the Fair Debt Collection Practices Act" on December 13, 1988. In the introduction, the FTC Staff made the following statement:

"This Commentary is the vehicle by which the staff of the Federal Trade Commission publishes its interpretations of the Fair Debt Collection Practices Act (FDCPA). It is a guideline intended to clarify the staff interpretations of the statute, but does not have the force or effect of statutory provisions. It is not a formal trade regulation rule or advisory opinion of the Commission, and thus is not binding on the Commission or the public."

In the case of Heintz v. Jenkins, (1995), the U.S. Supreme Court stated, in essence, that this Commentary is not binding on the Federal Trade Commission or the public, and perhaps not entitled to great weight in certain situations under the Fair Debt Collection Practices Act.

Portions of FTC Official Staff Commentary on the Fair Debt Collection Practices Act are reproduced for illustration purposes only. Note that the FTC "Commentary does not have the force of a statutory provision or trade regulation rule, and that it is not a binding ruling of any type." This Commentary is perhaps not entitled to great weight in certain situations under the Fair Debt Collection Practices Act. Many of the interpretations contained in the Commentary may help to clarify portions of the Act. However, since the FTC has not updated the Commentary in view of conflicting court cases, always consult legal counsel for an actual case.

The Fair Debt Collection Practices Act is Title VIII of the Consumer Credit Protection Act, which also includes other Federal statutes relating to consumer credit, such as the Truth in Lending Act (Title I), the Fair Credit Reporting Act (Title VI), and the Equal Credit Opportunity Act (Title VII).

For more information on the Fair Debt Collection Practices Act, visit:

http://www.debtconsolidationcare.com/fdcpa.html
http://www.debtconsolidationcare.com/forums/about194.html
http://www.debtconsolidationcare.com/forums/about561.html
http://www.debtconsolidationcare.com/forums/about2165.htm