| Fair Debt Collection Practices Act |
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The Fair Debt Collection Practices Act requires that debt collectors treat you fairly by prohibiting certain methods of debt collection. The law does not forgive any legitimate debt you owe, but you are entitled to certain rights concerning these debts. Some of the basics of the Act are outlined in this article.
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts. A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis. A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves. You can stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or creditor intends to take some specific action. Sending a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor. If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you, and your attorney, that you owe money. Within five days after you are first contacted, the Fair Debt Collection Act requires the collector to send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities, as permitted under Fair Debt Collection, if you are sent proof of the debt, such as a copy of a bill for the amount owed. If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe. If you believe a debt collector violated the Fair Debt Collection law, you have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1000. Court costs and attorneys fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever is less. Report any problems you have with a debt collector to your state Attorney General's office and the Federal Trade Commission. Many states have their own Fair Debt Collection laws, and your Attorney General's office can help you determine your rights.
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