YES, simply put these Laws were made to protect YOU!
The Fair Debit Collections Practices Act is Law that protects a consumer from having negative information reported to their credit profiles and more. Believe me there is inaccurate information on every credit report unless you are aware and know what to look for. If you want to see that for yourself please go setup a free account with the major credit bureaus (Equifax, Experian, Transunion) and take a look at the personal information. I think you might find that every address you have ever lived at or associated with credit will be there. Even misspellings of your name and address. You will see phone number associated that you may not even remember.
In regards to the FDCPA, the law states that you have to right to challenge any agency stating that you owe a debt to them. You also have the right to report any information to the CFBP(Consumer Financial Protection Bureau) that you feel in unfair, unscrupulous, or down right wrong.
Just because you have contacted the collection agency, and formally requested information about what is being reported to your credit reports does not mean you do owe the debt. The collector still has to right to seek payment, and or request for garnishment if the debt is indeed proved to be valid, within the statute of limitations, and documentation can be provided by the collection agency in regards to the requirements of the FDCPA.
The Fair Debt Collection Practices Act prohibits debt collectors from using any harassing or abusive practices in an attempt to collect the debt. “Harassment is more than just repeatedly asking you to pay money,” says bankruptcy attorney Jay Fleischman. “It’s what’s being done on a day-to-day basis. It’s something that’s misleading and done for the purpose of coercing you into doing something that you otherwise wouldn’t want to do, or couldn’t do, for fear of retribution.”
Along with other restrictions, debt collectors cannot: Use profane language, Threaten or use violence, Call you repeatedly to annoy or harass, Call you to collect payment without identifying themselves as debt collectors, or List your debt for sale to the public.
The Fair Debt Collection Practices Act also states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. They may not falsify, the amount of the debt, state if its past the statue of limitation, threaten with legal repercussions for not paying the debt, represent themselves as another company, professional or authority figure.
FDCPA curbs debt collectors’ behavior. Along with other restrictions, they cannot: Solicit postdated checks for payment to use as a threat or for the purposes of instituting criminal prosecution, deposit or threaten to deposit a postdated check before your intended payment date, take or threaten to take property if it’s not allowed, collect more than you owe on a debt, which may include fees and interest.
Collectors are required to validate your debit meaning meaning they must send you communications through the mail stating the following information;
- How much you owe, the name of the creditor seeking payment, a statement that the collector assumes the debt is valid unless you dispute it within 30 days, a statement that if you dispute the debt or request more information on it in writing within 30 days, the debt collector will verify the debt by mail, a statement that if you request information about the original creditor within 30 days of first contact, the collector must provide such information.
- If you think your rights have been violated, contact the CFPB and file a complaint.