What are the laws on credit card debt collection?
In Minnesota, debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA). According to this law, debt collectors cannot harass, oppress, or abuse any person while collecting a debt. Debt collectors must also provide certain disclosures that must be included in a written notice sent to consumers upon the initiation of collection efforts. These disclosures need to include the amount of debt, the creditor’s name and address, and the right to dispute the debt or request validation of the debt. If a consumer sends a written request for debt validation within 30 days of receiving the notification, the debt collector must provide the consumer with proof of the debt. If the consumer files a dispute of the debt within 30 days of receiving the notification, the debt collector must stop all attempts to collect the debt until they provide proof that the debt is valid. In addition, debt collectors are not allowed to take any of the following actions: contact third parties regarding the debt, contact consumers directly at inconvenient times, use threats or obscene language, make false representations, deposit postdated checks early, and threaten lawsuits without filing them. Debt collectors must also provide a written statement or itemized list of the amount or nature of the debt if requested by the consumer. Finally, the FDCPA allows consumers to take legal action against debt collectors who violate these laws. If a consumer wins their case, they can be awarded actual damages, court costs, and reasonable attorney’s fees.
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