Does India have FDCPA?
India does not currently have their own FDCPA and some call centers are located in India to avoid the rules associated with it.
They need to provide the signed agreement copies to you and the proof that they purchased debt. Please check FDCPA guidelines for more details. Go to ftc.gov and you will find a copy of FDCPA there.
Debt collectors (not the original creditor) is governed by this very nifty federal law: Federal Debt Collections and Practices Act (FDCPA). Sample of FDCPA and Sates see below in the link
yes you can read FDCPA at FTC.GOV
iowa, DC, Georgia, SC, CT
No, and if they tell you that it is, then they are violating the FDCPA- Fair Debt Collection Practices Act. They are not allowed to lie or scare you. It is against the law and you can actually sue them for violating the FDCPA. In fact, the laws are very strict under that. But of course, it's never good to bounce that check. It can eliminate their willingness to hold a payment plan or offer… Read More
To put it simply, Yes.
Unfortunately, they probably can. Original creditors are not bound by the Fair Debt Collection Practices Act (FDCPA) as are 3rd party debt collectors. However, somes states do include original creditors in their state version of the FDCPA. Check your state statutes.
Yes. The FDCPA does not prevent a creditor/collector from contacting the debtor on Sundays and/or holidays.
Is it legal for credit card companies to call relatives such as your father brother etc to attempt to collect on a past due balance?
No. They can make initial contact with a family member to find out how to reach the debtor. The FDCPA prohibits the discussion of a person's credit status with anyone other than a spouse. However, the FDCPA DOES NOT apply to an original creditor.
It protects the person who owes the debt from harrassing and dunning contacts from creditors. The Federal Debt Collections Practices Act (FDCPA) governs the debt collection practices for personal / individual debt. The FDCPA sets forth a myriad of restrictions regarding the practices Debt Collections may use in their efforts
Consumer debt is governed by the FDCPA....commercial debt is not.
How much can a credit card collector do with a lien on your property in Fl
That's the original creditor's "in house" collection department. They are NOT subject to the FDCPA as are 3rd party collection agencys.
are you required to send an initial demoand notice with the 30 day vailidation notice if you make contact with a debtor who does not dispute the debt
In accordance with the FDCPA, collectors "may not communicate with a consumer at any "unusual time or place inconvenient to the debtor." The time when a collector can call regarding collection of a debt is between 8 a.m. and 9 p.m. This only pertains to a collection agency, not the original creditor, but OC's generally adhere to FDCPA guidelines. Sorry, can't help with the telemarketer part.
No. Payday lending is illegal in Maryland. Contact the Commissioner of Financial Regulation in Maryland. File a complaint. They cannot claim that they can have you arrested. This is also a violation of Federal law, check out the Fair Debt Collections Practices Act (FDCPA). Keep records of your conversations with these collectors, and who you talk to. You could also contact a consumer rights attorney and sue the collector for violation of the FDCPA as… Read More
No. In fact, they are required by law to notify you of who they are and that they are attempting to collect a debt. This is covered under the Fair Debt Collection Practices Act (FDCPA).
currently how many states are considered as non spousal states in us?
Can a collection agent advise you to pay off the debt you owe him from another credit card he reads on your credit report?
i think ist against the fdcpa laws.
The non payment of any debt is not a criminal offense unless the goods, services, cash was obtained through fraudulent means. If a debt collector or creditor tells you you will be arrested for not paying a debt he or she should be reported to the state's attorney general for violating the FDCPA. All consumers have legal rights under the FDCPA and they should apply those rights to the maximum.
www.state.al.us for state laws FDCPA,FCRA, Article 9 Uniform Commercial Code of any state
No. The FDCPA states that debt collectors can only call between 8am and 9pm, your local time.
Answer They can contact your place of employment if they have not been informed that they should not do so, but a creditor/collector cannot use threats or intimidating tactics regardless of their method of contact. A debtor has the legal right to send a creditor or collector a "cease and desist" letter requesting them to stop all contact with them and their family. The letter should be specific in citing and should include place of… Read More
Is it normal for a repossessor to call you and demand you either tell them where your car is or pay the lien holder and is a repossessor that makes calls considered a collection agency?
The preferred way is to take the car without contact with anyone. When that doesnt happen, we have to make contact. FDCPA exempts reposssors from collections. The Act refers to 3rd party agencies. what you do now determines how the future goes as far as your car. (i've read the full text of the FDCPA, and I can't find an exemption for repossessors anywhere) Repo cos. are hired as "subcontractors" of the lender, which makes… Read More
Law firms are subject to FDCPA laws. Anyone collecting a debt on behalf of another is a debt collector. They can also file suit on you for the debt, but before that happens if you are contacted by them remember that they are bound by FDCPA laws and have been known to violate a consumers rights. Always make them validate the debt, if they can't, then I guess you can assume that no debt exist… Read More
No, not as long as the parent didn't co-sign for the debt.
Can a collection agency call and harass you and not reveal their phone number or identify themselves when you answer?
That would be a violation of the FDCPA. But if there is no evidence that it is a collection agency making the calls, there is no way to file a complaint.
No. It's a violation Of FDCPA or fair debt collections practice act. They can be sued no call before 8am or after 9pm your time zone.
Upon your written request for validation, yes. This is covered under the Fair Debt Collection Practices Act (FDCPA).
If you are referring to the Mini-Miranda as mandated by the FDCPA then the answer is yes. Federal law applies to all states. Therefore the Mini-Miranda is required in all states.
NO- Unless it's the Federal Government / IRS Look up FDCPA on line, all the your rights will be clearly spelled out
Read the FDCPA these are your rights as a consumer if the debt is indeed false you may be awarded damages under certain consumer protection laws
Any legitimate collection agency has to abide by the FDCPA. They also have to abide by individual State's laws. Payday lenders are often in violation of the law. In many states, payday lending is illegal. You can report them to the FTC and your state financial regulatory agency if they are in violation of collections laws. You may even be able to sue them, but beware, many payday lenders are not even located in the… Read More
Can a first party collector call cell and home numerous times a day and leave messages do they have to follow fdcpa?
They can call multiple times a day. They should only leave one message per day in normal situations. 1st party does not have to follow all the FDCPA laws like 3rd party collectors, but they can not abuse it. For example if someone was calling and blatantly harrassing a debtor multiple times a day they would put still the company at risk. They can call multiple times a day. They should only leave one message… Read More
The FDCPA applies to 3rd party collection agencies. It has little to do with the KIND of debt. It has everything to do with defining the BEHAVIOR of 3rd party collectors.
I think you mean debt collector. A debtor is the one that owes money. And if this is what you meant, FDCPA law says a collector can call between 8am and 9pm. Weekends are allowed.
No they can't, it is something CA's do all the time to unsuspecting consumers, it is called re-aging and a violation of both FDCPA and the FCRA.
There is no law that states that a collection agency can not call your place of employment. BUT, once you have informed the collection agency, verbally, to stop calling their place of employment, the MUST stop. I would suggest that you send a "cerified" letter to the agency with your request. If they continue to do so, this is considered harrassment. To verify this answer, please check out the FDCPA "Fair Debt Collection Practices Act"… Read More
this depends on a few different things. one, is the collector "assigned" to collect the debt by the original creditor? if so and you agreed in the original contract to do so, then you are stuck with paying them interest, fees and penalties. If this is a thrid party collector, such as you would find if the debt was sold, then no, it is not legal. the FDCPA covers this... it would be a good… Read More
Yes, you have to say in every collection call according to the FDCPA (Fair Debt Collection Practices Act), regardless of the state you are calling in. You can take a look here www.fair-debt-collection.com
Federal Collection Laws regulate collection laws and practices, for consumer or business debt. Federal Collection Laws are also known as Fair Debt Collection Practices Act (FDCPA)
A criminal charge would not be applicable. However, if the debtor has proof that a collector has made threatening remarks such as noted they have violated the FDCPA and are subject to censure.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that spells out exactly what debt collectors can and cannot do. Unfortunately, the FDCPA doesn't necessarily protect you from the creditor themselves, but only a collector. Some states have set standards and made laws above and beyond the FDCPA that essentially make the same rules apply to creditors as well. Your state attorney generals office or consumer protection agency could give you more info… Read More
It is difficult to define harassment under FDCPA guidelines. Creditor behavior can be considered by one person as being harassment and by someone else as being simply a nuisance. The more documentation the debtor has to prove their claim the better, if the state allows phone calls to be taped w/o the other parties consent, that should be done. Another option is to have someone listen to the conversation on an extension. Record the date… Read More
Can creditors call non-relatives at work and home who have not been listed ever as a contact of any kind even after being told not to?
Absolutely NOT! FDCPA, Section 805d .."consumer" includes the debtor's parents, spouse, guardian, executor or administrator. All parties affected (including the debtor) have the right to file a grivance with the state attorney's justice department against the collection agency. And can if they so choose file a lawsuit against said agency and their representatives for violation of the FDCPA, negligence, infliction of emotional distress, and so forth. To put it simply, no. It is called third… Read More
FDCPA allows upto nine call attempts per card everyday, so they will call and make your life a living hell. If you have more than 1 credit card do the Math. Some accounts are eligible for litigation, so they'd probably sue you as well... and if its more than 180 days past due then they sell it to a collection agency who would not even be courteous enough to follow the guidelines of the FDCPA… Read More
These are your rights under Federal and State Law. The FCRA, FDCPA, and CROA all protect you (the consumer) and give you certain rights to protect yourself from the credit bureaus, creditors, collection agencies, and credit repair companies.
Congress enacted it in 1978. It was part of the Consumer Credit Protection Act. It was later amended in 2006 by Congress. It's actual name is the Fair Debt Collection Practices Act (FDCPA).
Well as with anything about the law it is subjective, and violations are not determined by the complainant (you). If you do feel that your rights have been violated, you should Google FDCPA Attorney and explain them what happen and if they agency did violate your rights they will represent you as you are entitled to get PAID if they did.
Every and any debt attempted to be collected by a third-party for and in the United States, with additional rules and requirements at State levels which often are the same; this includes companies that buy bad debts if they attempt to collect the debt.