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More Fair Debt Collection Act

  1. Chapter 8: Unfair Collection Practices
    This clause ensures that the methods collectors use are legal and fair. They cannot collect forcibly, for example, under this clause and cannot collect more than the amount actually owed.
  1. Chapter 9: Validating Debts after Initial Notification
    Under this clause, the collector must send you a written document no more than five days after first contacting you. This document must contain the amount you owe, the name of the person or company you money to, and instructions on disputing the debt if you feel the amount owed is an error.
  2. Chapter 10: Debt Payments Applied to Accounts
    If you pay some money to a collector and owe money to more than one collector, the collector must use the money to pay the creditor and the account you specify. In other words, a collector cannot take money you are using to pay a phone bill to pay a credit card bill.
  3. Chapter 11: Where Collectors must file lawsuits
    If a collector decides to take legal action against you, this clause determines which judicial district the lawsuit must be filed.
  4. Chapter 12: Deceptive Collection Letters and Forms
    This clause prohibits collectors from using forms and documents that are meant to look as though they appear from other sources. For example, a collector can't send you a letter that appears to be from the police, demanding that you pay your debt.
  5. Chapter 13: Civil Liability for violations of the FDCPA
    This clause outlines the consequences for collectors who violate the fair debt collection act. Essentially, those who flout this law can be sued and can be fined anywhere from $1,000 up to $500,000 for their misconduct. If you feel that a collector has violated any of the FDCPA laws, you should contact the Attorney General's office in your state and the Federal Trade Commission. You have to file the complaint within one year of the violation in question.
Knowing your rights under the fair debt collection practices act is key, even if you do not have much debt and even if you tend to pay your bills on time. Unfortunately, you never can be sure when a missed bill or financial problem will cause you to come into contact with a collector. When this happens, knowing your rights under the fair debt collection act can help ensure that your rights are respected.


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