Dealing with debt is difficult enough without having to be harassed by insistent debt collectors. Unfortunately, many of the strategies used by collection agencies are illegal. According to the Federal Trade Commission (FTC), an estimated 30 million Americans have accounts in collection. Consumers should be aware of the scheming tactics collection agencies may use because your rights are being violated.
In recent years, the FTC has targeted collection agencies that practice unlawful strategies in order to collect debt. Several lawsuits have been filed against the companies for violating the Fair Debt Collection Practices Act. This federal law was created to protect your rights, by preventing third-party debt collection agencies from harassment, threats, unwanted contact and disclosure of your personal information to others.
The following is a list of the most common unlawful tactics used by debt collectors:
• Dishonesty. Collection agencies are not allowed to tell a consumer that they will be arrested or face other false consequences, if they do not pay immediately.
• False Representation. It is illegal for debtors to pose as a government agent or law enforcement official, in order to collect a payment.
• Threats. Collection agencies cannot threaten violence against you. They also cannot threaten a lawsuit if they are not truly filing one.
• Illicit Disclosure. It is prohibited for debtors to share or divulge any of your personal information about your debts to friends, family, co-workers or otherwise.
• Inopportune Contact. Collection agencies may only contact you between the hours of 8 a.m. and 9 p.m., local time. Contact outside of this time frame is harassment.
• Indecency. By law, debtors must treat you with respect and professionalism. Use of profanity and obscenities is strictly prohibited.
• False Documentation. Collection agencies may not forward any kind of documentation resembling an official government notification to you. Pretending to work with a government agency is illegal.
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
Source:
http://www.cbsnews.com/news/7-things-debt-collectors-arent-allowed-to-do/
