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Fair Debt Collection Practices Act:

The FDCPA is a federal law enacted in 1977 designed to protect consumers from abuse by debt collection agencies.  The FDCPA specifically states that a debt collector.

may not:

  • Contact you directly if they know you are represented by Persels & Associates
  • Contact you by telephone before 8 o’clock a.m. or after 9 o’clock p.m.
  • Call you repeatedly or continuously with the intent to harass you
  • Engage in phone conversations with you without first disclosing his or her identity and purpose
  • Contact you at work if he/she knows it to be impermissible or inconvenient
  • Correspond with you through postcards or display any language indicating debt or debt collection on the outside of envelopes or postage
  • Send you any documents meant to resemble documents of the court if they are not
  • Use any obscene, insulting, or threatening language in any form of communication with you
  • Inform your employer or any other third party of your debt
  • Volunteer the debt collection agency’s name to a third party without having been expressly asked for that name
  • Communicate with any third party more than once without just cause
  • Publish or threaten to publish your name on any public list of debtors
  • Advertise any of your property for sale as a means of coercing payment
  • Use false, deceptive, or misleading means of communication or collection
  • Lie to you about the character, amount, or legal status of your debt
  • Claim to be an attorney or officer of any court if he or she is not
  • Threaten to take any legal action that the debt collector will not or cannot take (without due legal process) such as:
    • Seizure of property
    • Garnishment of wages
    • Sale of property
    • Arrest

The FDCPA is the minimum outline of protection for consumers in debt.  Many states provide even further protection under their own law.  Certain states, for example, extend the restrictions put upon debt collection agencies to original creditors as well (like credit card companies and banks).  Persels & Associates can help you exercise all of your consumer rights on the federal and state level.

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