FDCPA and RFDCPA – acts to protect you against indignity
Taking a loan and having a debt is not a crime as per the law, anywhere in the world. So when your creditor or the debt collection agency your creditor has appointed harasses you in someway or treats you in a way which you think is unfair, do not take it lying down. Take the help of attorneys and fight back for your dignity.
The Fair Debt Collection Practices Act or FDCPA in short is there to protect debtors like you from unfair debt collection practices that affect you adversely. But before going out and hiring an attorney to fight an unfair debt collection practices case against your creditor, make sure you understand the act and its intricacies well. This article will briefly tell you about FDCPA and how you can possibly be protected by it.
Usually credit card companies or loan offering companies appoint a third party agency for debt collection but whoever the collector is, your creditor or the agency, they must maintain certain norms to stay within the law of FDCPA. Threat of any kind or harassment, physical as well as mental, even doing things like going around bad mouthing you among your neighbors and people who know you, fall under the category of illegal under FDCPA. The state of California has a little different version of the same act known as Rosenthal Fair Debt Collection Practices Act of 1996 or RFDCPA in short. These acts, FDCPA as well as RFDCPA were introduced keeping in mind the protection of debtors when complaints against the abuse of debtors increased that led to loss of job and invasion of privacy as well.
There are a number of clauses that outlines the kind of behavior that is allowed for the creditors and debt collection agency when collecting repayment from debtors. The clauses of FDCPA as well as RFDCPA include that the debtor cannot be called up on the time of before 8 in the morning and after 9 at night except for any unusual circumstances. It also states that using obscene languages, gestures or harming the debtor physically, mentally or even their property or reputation by means of threat or violence is illegal and is considered a violation of FDCPA and RFDCPA. The debtor can sue the creditor or the agency and take them to court of law. Hence take the necessary help of the acts instead of suffering silently.
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