Fair Debt Collection Practices Act

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Related to Fair Debt Collection Practices Act: Fair Credit Reporting Act, Consumer Credit Protection Act

Fair Debt Collection Practices Act

A federal law designed to curb abuses in the debt collection industry. The law applies to debt collectors, who are defined as persons or companies who collect debts for another. If you owe money to Smith's Marina and Mr. Smith himself or one of his employees contacts you to collect the money owed, that person is not a debt collector under the Act because they are trying to collect money due to themselves, not money due to a third party.

Generally speaking, collectors cannot call you before 8 a.m. or after 9 p.m.They can't threaten you with arrest,bodily harm,or public exposure as a “deadbeat.”They can't imply they are connected with law enforcement.Collectors cannot harass you with repeated phone calls on the same day.They can't call you at work if you tell them you are not allowed to receive such calls at work.

Consumers may sue and collect damages and attorneys'fees for violations of the Fair Debt Collection Practices Act. (It may be found at 15 USC §1601 and subsequent sections.) You must file suit within one year of the violation.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
Research Serv., R43041, Fair Debt Collection Practices Act 15700 (2013), available at http://www.fas.org/sgp/crs/misc/R43041.pdf.
(45.) See, e.g., Fair Debt Collection Practices Act (FDCPA) [section] 803(6), 15 U.S.C.
PrivacyStar's complaint filing feature allows users to report potential Do Not Call Registry and Fair Debt Collection Practices Act violations directly from their phones, making it easy to file complaints with the Federal Trade Commission.
The complaint alleges that ACS violated the federal Fair Debt Collection Practices Act when it made repeated phone calls to collect on outstanding payments for medical services that Ms.
When they say, "We can seize your car to repay a credit card bill," you've caught them in a violation of the Fair Debt Collection Practices Act. Sue, and you could collect up to $1,000 plus damages.
In an opinion that's been characterized by some practitioners as "out there," a three-member panel of the Third District of the Illinois Appellate Court has presented as its holding that landlords must comply with the Fair Debt Collection Practices Act when attempting to collect past-due rent from their renters.
For example, under the Fair Debt Collection Practices Act, a 30 day notice must be served where an owner seeks to recover rent from a tenant.
The primary federal law governing third-party debt collection is the Fair Debt Collection Practices Act (FDCPA), which contains provisions on how collectors can communicate with consumers and prohibits collectors from using abusive, deceptive, and unfair collection practices.
The Federal Reserve has authority to examine nonbank subsidiaries for compliance with the Truth in Lending Act, the Equal Credit Opportunity Act, the Home Ownership and Equity Protection Act, the Fair Credit Billing Act, the Consumer Leasing Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Home Mortgage Disclosure Act, the Truth in Savings Act, any rules promulgated pursuant to the Federal Trade Commission Act, and the Real Estate Settlement Procedures Act.
In the course of those collection efforts, EMC allegedly violated the Fair Debt Collection Practices Act by contacting homeowners with phone calls for debt amounts they didn't necessarily owe, and even resorted to "false representations" to gain access to borrowers' homes -- sending out "property inspectors" who were actually debt collectors seeking to confront borrowers.
It was at this point in the conversation that I relied on what I knew about the Fair Debt Collection Practices Act. I began questioning her about this debt I supposedly owed.