It is always important that you know your rights when it comes to your finances, and it is even more important when you are in debt. The Fair Debt Collection Practices Act (FDCPA) is a federal law that states exactly how debt collectors are able to attempt to collect for personal, household, and family debts (i.e. mortgage and car loan, personal loans, credit card debts, past-due bills, past-due student loans, medical and insurance debts, etc.). This act applies to outside debt collectors, but not to debt collectors who are employed by the creditor.
Under federal law, debt collectors covered by the FDCPA cannot do any of the following to collect your debt. (It should be said that your state may have other, more specific restrictions.)
• Debt collectors cannot call you before 8 a.m. or after 9 p.m. unless you give them permission to do so. They are also prohibited from making phone calls on Sundays. Even when they do call, you do not have to speak with them. The FDCPA says that you can tell them not to call you anymore. These verbal requests are only valid for ten days unless you send in a written request within seven days of the initial request. The written request is valid until you write to the creditor and remove the restriction.
• Debt collectors cannot visit your home at a time other than between 8 a.m. and 9 p.m. They also shouldn’t be able to come to your home more than once in a 30 day period for every debt you have unless you give them permission.
• Debt collectors cannot call you at work if they know that your employer does not want you to be contacted during your time at work. They also can’t contact your employer about your debt, with the exception of past-due child support.
• Debt collectors cannot contact your friends, family, or neighbors about your debt if they are trying to embarrass you into making a payment. They are, however, allowed to call these people if they are trying to get information about how to contact you, but they still aren’t allowed to say why they need the information.
• Debt collectors cannot send you a postcard or another piece of mail that clearly shows that the mail is from a debt collector, and they cannot use a letter or envelope that looks like it is from a government agency or court.
• Debt collectors cannot harass you by calling many times in a short time period. The FDCPA makes harassment illegal. They should not try to contact you at your home more than twice for each debt in every seven day period, and they should not contact you more than twice for each debt in every 30 day period at a place other than your home.
• Debt collectors cannot insult you or use offensive language during your conversations, and they cannot threaten you with the loss of your reputation or jail time. As stated before, you do not have to speak with these people at all, and they cannot order you to accept their calls.
• Debt collectors cannot deposit any post-dated checks you have given them before the date you wrote on the check.
• Debt collectors cannot try to collect more than you owe on a debt unless your contract states otherwise.