Primer, basic points: The Fair Debt Collection Practices Act

On behalf of The Rollins Law Firm posted in Debt Relief on Wednesday, August 6, 2014.

Consumers in Mississippi and nationally who feel that they alone are facing the unfettered wrath of debt collectors and lacking resources to deal with abusive collection behaviors should quickly dissuade themselves of any such notions.

In fact, strong federal legislation addresses such matters in detail and sets forth legal limitations that curb creditors' harassing contacts and other behaviors.

That legislation is entitled the Fair Debt Collection Practices Act, which serves as a strong warning to unethical debt collectors, setting boundaries that restrict unlawful activities.

Language immediately set forth in the FDCPA makes it manifestly clear that government regulators are serious about curbing bad actors in the debt collection industry. The initial section of the legislation points to "abundant evidence of the use of abusive, deceptive, and unfair debt collection practices" that are rampant in the industry.

Even a cursory look at the law's enumerated provisions will quickly impress upon many readers that they are far from helpless when squaring off against an aggressive debt collector. A number of clauses clearly establish that collectors face curbs on their calling activities and other contacts with consumers. Limitations also exist on third-party contacts and restrictions that come into play when a consumer expresses a desire to cease dealing with a collector.

Strong and timely input from an experienced debt relief attorney was clearly contemplated by legislators when they drafted the FDCPA, with several references being made in the law to legal representation and its effect upon collectors' activities.

Of immediate note is the duty placed upon a collector to promptly cease communication with a debtor once advised that such person is represented by an attorney.

A proven debt relief attorney can provide further information about the FDCPA and the central role that strong legal assistance can play in helping a consumer deal effectively with abusive collection behaviors and activities.

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