Congress created the Fair Debt Collection Practices Act after realizing that abusive collection practices were abundant across the U.S.
In order to govern the collection activities of creditors, the Fair Trade Commission exists and provides guidelines and enforcement against abusive collection activities.
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When a creditor extends credit to a person, the debtor, there is an expectation that the debt will be repaid. When debtors fail to repay, the creditor is afforded the opportunity to collect that debt.
With the expansion of technology and the emersion of privacy rights, society has decided to curb the methods of debt collectors so that consumer debtors can be protected from certain tactics. The following is a list of common abusive debt collection activities that are prohibited by law:
A debtor may sue for claims such as libel, harassment, or fraud depending on the nature of the collector’s actions and the damage their actions caused to the debtor. The Federal Trade Commission may be able to investigate an abusive practice and bring their own claims in Court.
When a debtor retains an attorney, collectors may no longer contact the debtor directly, they must go through the attorney. A local bankruptcy and finances lawyer may be helpful in determining whether a lawsuit will be viable against an abusive collector and can assert your rights during the collection process.
Last Modified: 07-25-2018 05:29 PM PDTLaw Library Disclaimer
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