Debt Recovery Solutions
Debt Collection and Debt Recovery Agencies i
Debt Shield wants its clients to be informed about their rights regarding the collection of debts and the laws that governed the practices of a debt recovery agency. As a consumer you are protected from unlawful debt recovery solution practices under Title VIII of The Fair Debt Collection Practices Act. We have provided a brief overview of this title, and a link to the full version for your review with regard to debt recovery services at the bottom of this page.
The Federal Trade Commission (FTC) enacted The Fair Debt Collection Practices Act in 1996 in response to evidence that the abusive, deceptive and unfair debt collection practices of debt recovery services contributed to a number of personal bankruptcies, to marital instability, to the loss of jobs and to invasions of individual privacy.
The purpose of Title VIII is to eliminate abusive debt recovery solution practices by debt collectors, to ensure that those debt collectors who refrain from using abusive debt recovery services practices are not disadvantaged, and to promote consistent State action to protect consumers against debt recovery agency and collection abuses.
Below are some major points we think you should know when dealing with a debt recovery agency:
- A debt recovery agency / debt collector cannot contact you at any time or place they desire with regard to the collection of a debt. For a complete list of the circumstances in which they must have express permission or consent to communicate with you see § 804 of Title VIII by selecting the link below.
- If you have notified a debt recovery services company in writing that you refuse to pay a debt or that you wish the debt collector to cease further communication with you, they cannot communicate with you except under specific conditions named in the title.
- Collection agencies may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
- Debt recovery services may not use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.
- A debt recovery agency many not use obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
- Collection agencies may not publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the specific requirements of section 603(f) or 604(3) 1 of this Act.
- The agency providing the debt recovery solution may not telephone you or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
- They may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
- If you owe multiple debts and make any single payment to any debt collector they may not apply that payment to any part of a debt that you dispute or refuse to pay. They must apply your payment in accordance with your directions.
- Collectors are not authorized to bring legal action on a debt against any consumer.
The FTC takes these violations seriously, and a collector who fails to comply with this title may be liable for damages. If you believe you have been harassed by a debt recovery agency contact the FTC. They have the authority to enforce the requirements imposed under this title.
If you are struggling with unsecured debt contact Debt Shield.
To review The Fair Debt Collection Practices Act select: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
i Debt Shield, Inc. is not a law firm and nothing contained herein shall be construed as legal advice. If you require legal advice, you should seek counsel of an attorney licensed in your jurisdiction.
