If you have outstanding debt, then it can seem like creditors and debt collectors will stop at nothing to get payment. Fortunately, the Fair Debt Collection Practices Act (formerly known as the Consumer Credit Protection Act) protects you from abusive and deceptive conduct made by creditors. Here are just a few of the things creditors cannot do when trying to collect payment from you:
1. Communicate After Request for Validation – If you submit a written request for the verification and validation of a supposed debt, then a debt collector may not communicate with you before the requested material has been received.
2. Commit Misrepresentation or Deceit – Creditors are not allowed to misrepresent the debt or use deceptive means to collect. For instance, collectors working on behalf of your creditor are prohibited from claiming to be an attorney or law enforcement officer. If you suspect that a creditor or debt collector is attempting to deceive you, then contact your attorney immediately.
3. Contact by Embarrassing Media – Creditors cannot use any language or symbols other than their address on any envelope when communicating with you. Debt collectors may only use their business name if such a name does not indicate that they are in the debt collection business. Creditors don’t have the right to embarrass you—if they do, then be sure to contact your attorney to fight back.
4. Fail to Cease Communication Upon Request – You have the right to inform your creditors that you no longer wish to communicate with them. After receiving written notice by yourself or your attorney, a creditor is only allowed to communicate with you to indicate that collection efforts are being terminated or that the collector intends to file a lawsuit.
If a creditor has violated the Fair Debt Collection Practices Act, then you may be able to sue the company who harassed you for a monetary sum. For more information, contact the experienced bankruptcy attorneys here at Cutler & Associates, Ltd. Our attorneys have successfully provided thousands of people in the greater Chicagoland area with quality legal services since 1990.