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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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โˆ™ 2007-10-16 04:43:34
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Q: Is a repo agency accountable to the The Fair Debt Collection Practices Act FDCPA?
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Related questions

Can a collection agency lie about who they are?

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).


What is the law that states a collection agency cannot call your place of employment?

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


What is a first party Collection agency?

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


Does law cover commercial collections?

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)


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.


What was the Fair Debt Collection Act?

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


Multitude of bill collectors calling for other people and when you tell them that no one lives here by that name they continue to call what can you do?

The Fair Debt Collection Practices Act (FDCPA) sets rules for bill collectors working for a collection agency (not a collector working for the creditor, many states have laws for all collectors). One of the rules is that they can not call you at work, harassing you, use inappropriate language, lying, adding unauthorized charges and many other practices. Under the FDCPA, you have the right to demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that the creditor or collection agency will sue you. You must put it in writing. Some thing happened to me. Certified letter telling them to stop worked like a charm.


Can a collection agency call your relatives even if they are not on your list of contacts?

A collection agency can call anyone. The Fair Debt Collection Practices Act indicates that they cannot identify themselves as a collection agency to anyone other than the debtor. Other activities that restrict them include: Sending a postcard or an envelope with a designation that indicates it is from a collection agency, contacting the debtor outside of legal accepted hours of business, publish a list of debtors, or advertise a debt. See the following website for the text of the Fair Debt Collection Act: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm


Are your rights the same if your credit card debt went to a legal firm and not a collection agency or is a legal firm considered a collection agency?

Yes, a collections law firm, is still defined under the FDCPA as a collector. They are required to follow the same regulations that apply to a regular collection agency.


FDCPA in Florida protect home from credit card collection agency?

How much can a credit card collector do with a lien on your property in Fl


Is it a felony to bounce a check to a collection agency?

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 settlements to you, etc. 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 settlements to you, etc.


How early can a creditor call you?

No Earlier than 8am, and no later than 9pm. This is based upon your timezone and not the timezone of the agency calling you. Other details regarding the legalities can be found online by researching FDCPA (Fair Debt Collection Practices Act).

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