| Following an era of indulgence and over spending, | | | | consumer after being informed in writing that the |
| America is right now embroiled in a credit mess with | | | | consumer is being represented by an attorney. Any |
| thousands of people in over their heads in consumer | | | | communication involving debt recovery between the |
| debt. It can be a frightening and stressful situation as | | | | consumer and collector are to take place through the |
| more and more mortgages are foreclosed and people | | | | attorney at that point. |
| are losing their homes and cars and everything else to | | | | Collectors are forbidden to contact the consumer or |
| living outside their means. | | | | the pursue collection after receiving a consumer's |
| Fortunately for us, we have rights as American | | | | written request for verification of a debt (or for the |
| citizens protecting us from abusive debt recovery | | | | name and address of the original creditor on a debt) |
| methods, and ensuring that we are treated fairly | | | | before responding by sending the consumer the |
| through the debt collection process. In 1978 the Fair | | | | requested verification information. |
| Debt Collection Practices Act was passed in response | | | | It is forbidden to misrepresent the debt or use |
| to several reports of unscrupulous and harassing | | | | deception to collect the debt, including a debt collector |
| methods debt recovery agencies were employing. | | | | claiming to be an attorney or law enforcement officer, |
| The following discusses the limitations of debt | | | | or threatening arrest or pursue legal action that is either |
| recovery agencies when striving to collect debts from | | | | not permitted or not actually planned. |
| you. | | | | It is inappropriate and forbidden to publish the |
| The hours for phone contact were limited; debt | | | | consumer's name or address on a "bad debt" list, |
| recovery agencies are restricted to contacting | | | | report false information on a consumer's credit report |
| consumers by telephone between the hours of 8:00 | | | | or threaten to do so in the process of collection |
| a.m. to 9:00 p.m. local time. Debt collectors are also | | | | It is inappropriate for debt recovery agencies to seek |
| prohibited from harassing consumers by calling | | | | unjustified amounts, which includes demanding any |
| repeatedly or causing their phone to ring repeatedly for | | | | amounts not required under an applicable contract or |
| the purpose of annoying or intimidating the consumer. | | | | as provided under applicable law. |
| Debt collectors are prohibited from contacting | | | | Collectors are prohibited from contacting third parties |
| consumers at their place of employment after having | | | | (other than the consumer's spouse or attorney) to |
| been informed in writing that they are not to do so. | | | | reveal or discuss the nature of debts, or threatening to |
| Contacting consumers in any way (other than litigation) | | | | do so. |
| after receiving written notice that the consumer | | | | Of course the best protection from harassing debt |
| wishes no further contact or refuses to pay the | | | | collectors is timely payment of debts and living within a |
| alleged debt, with certain exceptions, including advising | | | | budget. The painful situation many Americans are |
| that collection efforts are being terminated or that the | | | | finding themselves in now is a lesson they will hopefully |
| collector intends to file a lawsuit or pursue other | | | | learn well and avoid any imprudent over spending in |
| remedies is prohibited. It is also prohibited to contact a | | | | the future. |