Wednesday, February 22, 2012, AM | Leave Comment
Some economists say the economy has been on the rebound lately but many folks still are falling behind on their house, car and credit card payments. The debt collectors are turning up the heat and getting tough on debtors in an effort to recoup overdue funds. However, they are prohibited by law to harass you.
They are prohibited by The Fair Debt Collection Practices Act (FDCPA) to use abusive language or profanity. They cannot use obscene language or threaten violence.
However, experts tell us there is nothing in the law that prohibits the collection agencies to talk down to you and make you feel as if you are worthless. They can try and most often do to make you feel miserable about yourself.
They do frequently raise their voice and be angry with you. They would make you feel as if you are the most dangerous person in the world.
Federal Trade Commission (FTC) just settled with debt collector Asset Acceptance. But by it’s own admission the agency was unable to investigate all cases the debt collector has had in its basket because of lack of enough man power.
Section 802 of FDCPA states:
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
Harassment or abuse
Section 806 of FDCPA states:
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
False or misleading representations
Section 807 of FDCPA states:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Section 808 of FDCPA states:
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Can a debt collector contact me any time or any place?
Nope! A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
You have the right to be treated professionally
If they keep calling you and you come to a point that you are told to seek psychotherapy, before you have anxiety attacks as a result, you better start doing something about it. It’s time then to talk to proper authorities.
In a Nutshell
Nowhere is it written in The Fair Debt Collection Practices Act that the debt collectors cannot talk down to you. They can make you feel miserable about yourself in very delicate and calm voice.
The debt collectors can and do raise their voice. But if you believe they have used abusive language or have threatened you with some kind of violence, then you have the right to complain to proper authorities.
Yesterday, All my troubles seem so far away