What rights do consumers have when dealing with debt collectors?
In Nebraska, consumers have certain rights when dealing with debt collectors. The Fair Debt Collection Practices Act (FDCP) protects consumers from debt collectors who engage in abusive, deceptive, or unfair practices. Under the FDCP, debt collectors must: 1. Provide a debt validation letter within 5 days of initial contact. This letter includes the creditor’s name, the amount owed, and other information about the debt. 2. Stop contacting a consumer who has asked in writing for contact to end. 3. Not threaten any legal action unless they intend to actually pursue it. 4. Not contact consumers at inconvenient times or at their place of employment. 5. Not use obscene, profane, or abusive language. 6. Not call repeatedly or harass a consumer. 7. Not misrepresent the amount or terms of the debt. 8. Not talk to anyone other than the consumer or their attorney about the debt. If a debt collector has violated any of these rights, the consumer has the right to sue the collector for violations of the FDCP. This is known as filing a debt collection harassment claim. Additionally, consumers may be able to have the debt discharged or reduced if the collector has violated consumer protection laws. Consumers in Nebraska should also be aware of Nebraska’s own regulations regarding debt collection which provide additional protections beyond the FDCP.
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