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The Fair Debt Collection Practices Act
 
Declaration Of Purpose:

An abundant evidence of the use of abusive, deceptive, and unfair credit collection practices by many debt collectors led to the declaration of the Fair Debt Collection Practices Act. The purpose of the Act, approved in September 1977, was to eliminate abusive debt collection practices by debt collectors and to promote consistent state action to protect consumers against debt collection abuses and invasions of individual privacy.

The Fair Debt Collection Practices Act laid down specific guidelines pertaining to the following procedures:

1. Acquisition Of Information [Sec 804]
Any debt collector seeking to acquire location information of a consumer would identify himself and his purpose correctly and if the need arises also disclose his employer. At no point during the inquiry process shall the collector state or imply that a consumer owes any debt, as this shall amount to invasion of individual privacy. Once the enquiry process has been completed, any correspondence thereafter shall be with the attorney of the said consumer only.

2. Communication With the Consumer [Sec 805]
The debt collector may not communicate with the consumer at any such place or time, which may be known to be inconvenient to the consumer. If the collector has information that an attorney represents the consumer, then any communication with the consumer should be done only if the attorney fails to respond to the collector's communication.

3. Abuse Or Harassment Of The Consumer [Sec 806]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. A collector may not resort to acts of violence or threats thereof in order to coerce the consumer into obliging to the collector.

4. Misrepresentation For Debt Collection [Sec 807]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. The debt collector may not represent or in any way implicate that nonpayment of the debt will result in the arrest or imprisonment of any person or the seizure, attachment or sale of any property of any person unless such action is lawful and the debt collector or creditor intends to take such action.

5. Debt Validation [Sec 809]
Within five days after the initial communication with a consumer, the debt collector shall send the consumer a written notice containing the exact amount of debt, the name of the creditor and the due date of payment.

6. Civil Liability [Sec 813]
Any debt collector who fails to comply with any provision of this act is liable to such person in an amount equal to the extent of actual damage to the consumer and may be liable to pay the consumer the defendant attorney's fees reasonable in relation to the work expended and costs.

The Fair Debt Collection Practices Act provides guidelines for all kinds of debt collection. For all debt collectors, be in-house or collection agencies, it is must to understand the act and stay within the legally permitted boundaries. The Fair Debt Collection Practices Act has enough provisions for collection agencies and departments to help them get the dues from the debtors legally.

About the Author
Free collection agency services information at http://www.collectionagencyservices.net



Debt News


Telegraph.co.uk

OECD: Europe debt could derail global recovery
CNN
By Chris Isidore @CNNMoney May 22, 2012: 11:09 AM ET NEW YORK (CNNMoney) -- Europe's sovereign debt crisis risks derailing the global economic recovery, the Organization for Economic Cooperation and Development warned Tuesday.
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Euro zone risks vicious circle of debt: OECDReuters
OECD says Europe's debt crisis could hamper global economic recoveryGant Daily
Telegraph.co.uk -CBS News
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CBC.ca

Moody's Lifts Ford Debt Rating
Wall Street Journal
By MIKE RAMSEY And NATHALIE TADENA Ford Motor Co. achieved a key financial goal on Tuesday as Moody's Investors Service raised the auto maker's debt rating to investment grade, its second such upgrade in a month. The move by Moody's to rate Ford's debt ...
Ford to get blue oval back after second upgradeBoston.com
Ford to get blue oval back after 2nd debt upgradeSacramento Bee

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Bloomberg

Fitch cuts Japan as politics hinders debt plan
Reuters
By Stanley White | TOKYO (Reuters) - Fitch cut Japan's sovereign credit status on Tuesday to the lowest level among global ratings agencies as a political stalemate dims the chance that the country can curb its snowballing debt.
Japan Rating Cut Rings Alarm for Diet Gridlocked on TaxesSan Francisco Chronicle
Japan Rating Cut by Fitch on 'Leisurely' Efforts to Tame DebtBloomberg
Japan's debt rating downgraded by Fitchmsnbc.com
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AFP

Blackstone Restructures, Extends Debt on La Quinta Chain
Wall Street Journal
By KRIS HUDSON Blackstone Group LP, one of the world's largest hotel investors, has restructured the debt on its 2006 billion acquisition of the La Quinta Corp. hotel chain, using a similar strategy to one it has used in the restructurings of other ...
Blackstone Said to Extend $2.65 Billion of La Quinta DebtBloomberg
Blackstone restructures La Quinta debt: WSJHOTELS
Accor selling Motel 6, Studio 6Los Angeles Times
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CNBC.com

TREASURIES-Prices fall on profit-taking in new debt sales
Reuters
Traders look ahead to EU leaders' Wednesday summit * Treasury auctions $35 bln of two-year notes * Benchmark yields remain near 60-year lows By Chris Reese NEW YORK, May 22 (Reuters) - Benchmark US Treasury debt prices fell on Tuesday for a third ...
Prices Slip on Profit-Taking in New Debt SalesCNBC.com
CREDIT MARKETS: Treasurys See Comeback; Other Bonds ReboundWall Street Journal
Treasury Yield Close to Record Low on Europe Debt CrisisBloomberg

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