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Things You Need To Know About The Fair Debt Collection Practices Act

Things You Need To Know About The Fair Debt Collection Practices Act

Although many people are familiar with consumer rights law, not a lot of people understand how the law under the Fair Debt Collection Practices Act should be implanted. As such, many debtors are continuously being victimized by abusive creditors and debt collectors, living in fear of being sent to jail for losing a credit card lawsuit. Understanding the law shouldn’t be hard that’s why we compiled some of the most important things you need to know about consumer rights under the Fair Debt Collection Practices Act.

You Can Press Changes If Lines Have Been Crossed

You have the right to press charges against a creditor if your rights have been violated under the FDCPA. In most cases, the creditor will try to settle the case out of court but if you went on with it, you can collect $1,000 in damages inflicted along with the legal cost.

Demeaning, Threatening or Profane Language

Whether or not you are behind your bills, you should be treated with respect. Therefore, if your creditor is using foul, profane language in a bid to intimidate you into paying, you don’t have to put up with that at all. Threatening phone calls, profanity, racial slurs and any other rude behavior used to collect credit card debt is illegal under the Fair Debt Collection Practices Act. If you came across such collection agent, consult a consumer debt attorney and determine the next best step to take to teach him or her lesson.

You Have the Right to Demand Evidence of the Debt’s Ownership

Under the FDCPA, debtors have the right to demand documented proof that the credit card debt in question is theirs. A collection agency should send a written notice within 5 days of calling you. The notice should include all necessary information relating to the debt including the name of the original creditor and the extra fees added to the total balance amount. In addition, the notice should inform you that you have 30 d­­ays to argue the credit card debt, and if you did dispute the debt, the creditor will then have to prove that the debt is indeed yours.

Stop Harassing Phone Calls and Letters

A Cease and Desist letter, informing your creditor that you no don’t want them to call you about the debt should be enough to stop all the harassing phone calls and letters. Of course, this does not mean you won’t have to pay the credit card debt if the debt is indeed yours.

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