An introduction to the Fair Debt Collection Practices Act, continued

Category: Debt Settlement

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If you’re in debt and have been dealing with collectors, it’s important to know the regulations enforced by the Fair Debt Collection Practices Act so that you’ll know if your rights are being violated.

Stopping contact altogether

Even if a debt collector is contacting you during reasonable times and isn’t using any offensive language or threats, it’s still within your rights to put an end to all contact completely. To do so, you must send a letter in writing by certified mail. Once the debt collector receives the letter, they will only be allowed to contact you to tell you that they are following your request and won’t be initiating any further contact. They’ll also be allowed to notify you if they plan on taking further action, such as filing a lawsuit.

Taking action

If you feel that a debt collector has violated the Fair Debt Collection Practices Act when trying to collect a debt from you, you may be able to take action within one year from the date in which the potential violation occurred. If successful, the debt collector might be ordered to pay for any sustained damages that resulted as a result of the violation(s), such as medical expenses or lost wages. You may also be able to receive reimbursement for court expenses and lawyer fees. If the same debt collector harassed multiple individuals, you may be able to take legal action as part of a class action lawsuit. However, do note that even when a debt collector is found guilty of violating the Fair Debt Collection Practices Act, you are still liable for any debts you owe.

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Nothing above is meant to provide financial or tax advice. You should meet with appropriate professionals for such services.

Tags: debt, debt collectors, fair debt collection practices act

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