The Federal Fair Debt Collection Practices Act

[Naima Lynah]

The Federal Fair Debt Collection Practices Act applies to collection agencies and attorneys who regularly collect debts on behalf of the original creditors. It does not apply to creditors collecting their own debts. This law makes it illegal for debt collectors to:

· refuse to identify themselves or their company;

· make repeated, harassing, or abusive phone calls or use offensive or obscene language;

· contact you directly if they know you are represented by an attorney;

· call you at work if you tell them you can't receive personal calls;

· threaten to misrepresent your credit record or prevent you from obtaining employment;

· falsely imply that you have committed a crime;

· discuss the debt with your friends or relatives, or threaten to do so;

· demand a postdated check and then deposit it before the intended date.

· repossess your property or threaten to do so, without legal or contractual authority;

· use false, misleading, or deceptive means to collect a debt or obtain information.

· refuse to verify the accuracy of a debt which you dispute in writing.

The first oral and written communications from a debt collector must include a warning that they are attempting to collect a debt and any information will be used for that purpose. If a collector calls you, keep a record of all conversations, including the date and time, the name of the caller and the company, and what is said. Be cautious about disclosing any personal information about yourself or your finances, such as the name of your bank or employer. If the caller uses offensive language or tactics, demand that they speak politely, and end the conversation if they do not. Keep all written records, including notices, bills, letters, envelopes, and canceled checks or money orders.

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