The Fair Debt Collection Practices Act was enacted to address and reduce the problems associated with harassing debt collectors. It does, however, offer benefits to collection agencies as well. Through these laws and regulations, the Fair Debt Collection Practices Act encourages collection agencies to act in a professional manner when attempting to collect a debt.
Those in the business of extending credit have the reasonable expectation of being paid back on time. Whether its a product/service delivered with the understanding to pay upon receipt, or an individual is loaned thousands in unsecured credit card advances, the lender deserves repayment of the debt.
Of course, there will be those instances where the lender is not receiving the payments he or she is due. There can be many reasons for this. Sometimes, the individual borrower needs a little more time to navigate out of a bad financial situation. In other instances, the borrower is simply negligent and defaults. Regardless of the reason, it is within the rights for the lender to seek payment.
This is the area where collection agencies become important. Their goal is to get the payments due their clients. They cannot, however, act recklessly in attempting to collect these debts. This is where the Fair Debt Collection Practices Act comes into play.
The Fair Debt Collection Practices Act is not a new law as it was first enacted in 1978. However, there have been amendments and modifications to the Act that have altered the law in many ways. For example, a new clause that has been added to the Fair Debt Collection Practices Act is that a borrower that is in collections can request the creditor no longer contact him and the collections rep must cease contact.
Consider though, that this does not prevent the collection agency from pursuing a valid debt. Collection agencies are still within their rights to inform the debtor of their intention to pursue the debt via other legal channels, namely through an attorney.
This can only occur if the debtor makes this request in writing. If communication has stopped because the collection agency can’t reach the debtor, then it is legal to contact third parties in a courteous, non-harassing manner. In addition, the collections rep cannot disclose the nature of the call, so as not to violate the privacy rights of the debtor. While these rules can seem skewed towards the debtor in question, they also help the collection agency steer clear of trouble by engaging in unprofessional conduct.
As these rules and laws clearly demonstrate, the purpose of the Fair Debt Collection Practices Act is to eliminate unprofessional and abusive behavior on the part of some collection agencies. Such behavior undermines the credibility of the business and also makes it difficult to collect revenues. After all, who wants to deal with collection agencies that are abusive?
Collection agencies found to be in violation of The Fair Debt Collection Practices Act can be penalized in a number of ways, to include legal actions. They can also have their license revoked. Most common are fines levied against offending agencies. However, collection agencies are within their rights to appeal these fines.
The Fair Debt Collection Practices Act is a complex and lengthy law. Thankfully, it is posted complete and in its entirety online through the Federal Trade Commission website. Those wishing to read the entire treatise are recommended to do.
Learn more information about The Fair Debt Collection Practices Act. Also, explore more information about collection agencies services.