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Credit Card Collection Regulations

1

    Time Frame

    • Debt collectors may not contact the debtor before 8 a.m. or after 9 p.m. If the debtor tells the debt collector, either verbally or by mail, that she is not allowed calls at work, the collector must cease calling her place of business.

    Contact Person

    • A debt collector may not contact a third party other than to find out the debtor's address, phone number or where she works. If an attorney represents the debtor, the collector may talk to the attorney. The debt collector may also talk to the debtor's spouse.

    Validation Notice

    • The debt collector must send a validation notice within five days of his first contact with the debtor. The notice must reveal how much money the debtor owes, to whom it is owed and how to dispute the debt.

    Off-limit Practices

    • Harassment, including threats of violence, the use of obscene language or repeated telephone calls, is prohibited under the FDCPA. Debt collectors must not make false statements claiming a debtor will be arrested if he does not pay, misrepresent the amount owed or suggest legal action is pending if it is not.

    Halting Collection Calls

    • A debt collector must stop collection calls if the debtor advises the firm in writing that he will no longer accept contact from the collector. After receiving the letter, the debt collector may make one additional call to advise the debtor that the creditor intends to take further, specific action or to let the debtor know the letter was received.

    Debt Collector Defined

    • The FDCPA protects against deceptive, abusive or unfair practices by collection agencies, companies that buy bad debt and try to collect the amount owed and lawyers who use their practice to collect debts on a regular basis.

    Unregulated Entities

    • If the employee of a company where the debtor owes money contacts the debtor, he is not restricted under the FDCPA. In addition, the act does not apply to a person collecting a debt for another person if he is a partner in the company or affiliated with the creditor by a corporate relationship; officers of the United States, if collecting the debt is part of his official duties; and a process server who serves legal process on the debtor in connection with judicial enforcement of the debt paperwork being served.

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