The Fair Debt Collections Practices Act
You have Rights and Protections against Creditor Harassment and Debt Collection Abuse
Some years ago Congress and the Federal Government passed the Fair Debt Collection Practices Act in order to protect consumer against perceived abuses. It is enforced by the FTC, Federal Trade Commission, and clearly defines how the practice of debt collection may take place.
As stated in Section 802 of this act - "There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy"
Our job at the Kansas Bankruptcy Center has been to fight against abuses on the behalf of our clients. The process of debt collection can be very intimidating and without the strong support of a knowledgeable legal team it can be quite overwhelming. It is easy to give in to pressure and make mistakes based upon fear or anger. You do have rights and protections under this Act and we urge you to consult with a Kansas bankruptcy lawyer from our firm to determine how we can assist you in fighting back.
Has the Fair Debt Collection Practices Act been Violated by a Creditor?
Creditor harassment is defined and prohibited under this Act. A creditor may not harass or abuse you. Nor can they mistreat any of the other parties they may contact in regards to your collection process.
Some of the actions that are disallowed as abusive are:
- The use of threats of violence or harm
- To publish your name, other than to credit reporting companies, as a person that refuses to pay a debt
- To use foul, obscene or profane language
- To repeatedly use the phone for the purpose of annoyance or harassment
These and many other practices are abusive and you have rights against creditor harassment. Please contact a Kansas Fair Debt Collection Practices Attorney today with experience in defending consumer rights against unfair collection practices.