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Is a repo agency accountable to the The Fair Debt Collection Practices Act FDCPA?

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2007-10-16 04:43:34
2007-10-16 04:43:34

With each presented law (legislation) there is "intent". The "intent" of the FDCPA was to ""to prevent the 'suffering and anguish' which occur when a debt collector attempts to collect money which the debtor, through no fault of his own, does not have.""harassing attempts to collect money which the debtor does not have due to misfortune," is not implicated in the situation of a repossession agency that enforces a "present right" to a security interest because in the latter context, "an enforcer of a security interest with a 'present right' to a piece of secured property attempts to retrieve something which another person possesses but which the holder of the security interest still owns.""Unlike the debtor who lacks the money sought, the possessor of secured property still has control of the property. Any failure to return the property to the rightful owner occurs not through misfortune but through a deliberate decision by the present possessor to avoid returning the property.""The legislative history confirms that Congress intended an enforcer of a security interest, such as a repossession agency, to fall outside the ambit of the FDCPA"

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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).

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All Debt Collection Practices are regulated by the FDCPA, Fair Debt Collection Practices Act. The associations that work with the commercial collection agencies are Commercial Collection Law League, Commercial Collection Association, ACA International and some estates have their own associations

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That's the original creditor's "in house" collection department. They are NOT subject to the FDCPA as are 3rd party collection agencys.

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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" You can find it on line at:Just copy and paste the below link. http://www.ftc.gov/OS/statutes/fdcpa/fdcpact.htm

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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)


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