What rights do I have under the Fair Debt Collection Practices Act?

Under the Fair Debt Collection Practices Act, a federal law enforced by the Federal Trade Commission, consumers have certain rights to protect them from debt collection practices that are abusive, unfair, or deceptive. In California, the Fair Debt Collection Practices Act provides the following rights: • You have the right to stop a debt collector from contacting you. You can do this by sending the debt collector a letter telling them to stop contacting you. • You have the right to ask for proof of the debt. If the debt collector cannot provide this proof, they must stop trying to collect the payment or debt from you. • You have the right to dispute the accuracy of a debt. You can do this by sending a letter to the debt collector stating your dispute within 30 days of the notification of the debt. • You have the right to request the debt be verified in writing. This means the debt collector must send the requested materials in writing before the debt collector can collect payment or debt. • You have the right to be free from abusive, unfair, or deceptive debt collection practices. This includes prevention of the use of obscene or profane language when conversing with you, as well as any threats of physical harm, false statements, and harassment. • You have the right to receive an honest accounting of the debt from the debt collector, including the amount owed, the origin of the debt, and a summary of the rights of the consumer. By knowing and understanding your rights, you can protect yourself from debt collectors that are not following the Fair Debt Collection Practices Act.

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