Tuesday, July 15, 2008
The Fair Debt Collection Practices Act was established in 1978 to promote fair debt collection and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. Per the act:
"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."
The act provides key tools that private citizens may use to verify legitimate debt collectors and fight scam artists. Specific features prohibit debt collectors from:
* Contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time
* Contacting consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further contact or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted
* Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number
* Contacting the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address
* Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer
Per the Federal Trade Commission website:
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- Collect any amount greater than your debt, unless your state law permits such a charge;
- Deposit a post-dated check prematurely;
- Use deception to make you accept collect calls or pay for telegrams;
- Take or threaten to take your property unless this can be done legally; or
- Contact you by postcard.
The full act contains many other features, these are just highlights. However, it is important to note that debt collectors are required to stop contacting consumers upon receiving a written request of verification of debts. Furthermore, for each consumer that falls victim to any violations of the act, the violator may be liable for up to $1,000 in damages.
I'm going to post a form letter soon that you may be free to fill in with your own information and send to companies like Luebke Baker & Associates in order to show them that you refuse to be a victim to their harassment.
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