Maintaining Your Rights with Respect to Debt Collectors
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Let's face it - a lot of debt collectors aren’t really in the habit of being nice or respectful. If you have ever been late on a credit card payment or a loan payment you will know that these collectors will call you day and night to pester you about paying your overdue bill. What you may not know are your rights regarding what the debt collectors can do when attempting to reach you.

The Fair Debt Collection Practices Act (FDCPA) is a Federal Law that governs the practices of debt collectors. It includes such provisions as requiring debt collectors to inform the consumer that they are attempting to collect a debt, refraining from threats or obscene language, giving you false information about what might happen to you, and many other provisions. The full Act can be seen on the U.S. FTC website - http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

Many times whomever the debt is owed to will sell the debt to companies that are in the business of collecting debts. Often these are law firms and these are the same law firms that will commence a lawsuit against the debtor. Therefore the communications the debtor will have will be with a law firm. The debtor should take careful note of the actions of these law firms and collection companies, because if it is believed that they are violating the FDCPA, it can help in defending a collection lawsuit, or a new lawsuit could be instituted against the debt collectors. Just recently, a prominent debt collection law firm entered into a class action settlement in Federal Court because of alleged violations of the FDCPA. Remember this the next time you are being bothered by a debt collector.

By Galen J. Criscione

Galen J. Criscione
About the author:
I'm an 'Of Counsel' Consumer Bankruptcy attorney of Oak View Law Group and admitted to practice in the Northern, Southern and Middle districts of Florida, and also in New York - Eastern, Southern and New Jersey.



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