What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act is a piece of federal legislation that gives American consumers protection from abusive debt collectors. Generally, it applies to consumer debts such as debt accrued for personal, family, or household purposes. The Act is enforced by the Federal Trade Commission and seeks to ensure that debt collectors can’t use abusive, unfair, or deceptive practices when attempting to collect a debt from a consumer. The act lays out a number of prohibitions that debt collectors must abide by, some of which include: 1. Debt collectors must not use or threaten violence or other criminal acts, make false or misleading statements, use false or deceptive means to collect a debt, or use profane language. 2. Debt collectors can only contact you between the hours of 8:00 a.m. and 9:00 p.m. 3. They cannot contact you at work if they know your employer disapproves of such contacts. 4. They can only contact other people (such as family members or your employer) to find out where you live, what your phone number is, and where you work. 5. They cannot give out or publish information about your debt, such as sending letters to your neighbors or publishing your name in a newspaper. 6. They cannot attempt to collect more than what you owe, including interest or fees that weren’t originally agreed upon. In Tennessee, debt collectors must abide by the Fair Debt Collection Practices Act, just like in all other states. If you believe a debt collector is violating your rights under the Act, you can file a complaint with the Consumer Financial Protection Bureau (CFPB).
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