FDCPA

Know your rights.

KNOW YOUR RIGHTS

If you are feeling like your rights have been violated by a collection agency, it’s important to know the laws. Collection agencies and consumers are both protected by the Fair Debt Collection Practices Act (FDCPA). Recently in question was Ceasing Communication. It is important for any consumer to know that if you ask the debt collector to cease all communication with you, you will want to put it in writing. After requesting in writing to no longer be contacted by a collection agency you will want to be aware that there are some exceptions when the debt collector may still contact you; Such as to let you, the consumer, know that further efforts are being terminated. Read those exceptions here.

FDCPA | Communication in connection with debt collection

FDCPA

Fair Debt Collection Practices Act

805. Communication in connection with debt collection [15 USC 1692C]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt —

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

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