Federal Protection against Unfair Debt Collection Practices, Part One
In 1978, Congress passed the Fair Debt Collection Practices Act to protect consumers from some of the most offensive collection tactics. The FDCPA protects debtors from harassment, public embarrassment, and unfair collection practices. It doesn’t stop debt collectors from collecting debts, but it does set reasonable limits on how and when they can attempt to collect debts.
The FDCPA applies to outside collection agencies, not internal debt collectors. If your credit card issuer or another lender is trying to collect the money you owe them directly, then this law does not apply. (There may be state laws, however, that apply to the creditor’s activities.) If your card issuer, instead of using its own name, uses a name that would make someone think it is an outside collection agency, it would be covered by this law.
Here are the basic provisions of the FDCPA:
Debt Collectors Can’t Go Public with Your Debt
Debt collectors can’t tell anyone else about your debtnot even your family membersunless they are cosigners or joint applicants on the account. If a debt collector does contact anyone else about a debt you owe, it can only be to get information about where to find you. If a collector does contact someone else to find out where you might be, they can’t indicate that they’re calling from a collection agency or to collect a debt you owe.
Debt Collectors Can’t Call You at All Hours
They are not allowed to call you before 8 a.m. or after 9 p.m., your time. If your employer does not allow you to take personal calls at work, you can demand that the debt collector stop calling you at work. All you have to do is tell the collector you can’t take personal calls at work; then they’re not supposed to call you at work again.
