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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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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 agency governs commercial collections?

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


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.


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.


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.


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


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


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).


Can a collection agency sue you for money in any state How can they do that if the original company wrote it off Is this legal?

When you default on some debt, the original creditor writes it off. When they write it off, they usually sell it to collection agency. Since the collection agency bought it, it becomes theirs. If they try to collect and you don't pay, they can sue you. Learn your rights by reading up on the FDCPA.


Does the Fair Debt Collection Practices Act only apply to prejudgment debts?

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.


How many years can a collection agency still pull your credit report?

A collection agency can't access a credit report w/o the permission of the party involved. They may try to mislead someone into believing they are able to do so, and that is a violation of the FDCPA and should be reported as such.


If a repo company commits a Breach of Peace in California how long do you have to sue for damages?

One year from the date of occurrence. Repo companys are governed under the FDCPA, thus making them accountable of their actions as if they were a collection agency. Look up article 9 section 609 under the Uniform Commercial Code with your state.


Can law collection agencies keep asking for more money even you can't afford it?

Yes, even though it makes very little sense for them to do so. A collection agency regardless of the status can continue collection attempts as long as they do not violate the FDCPA.


Do you have to say the mini Miranda in California?

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


Are there limits to collection agency calls?

There are several limits on when a collection agency call try to contact the debtor like:Contact someone that doesn't own the debt like; relative, employer, neighbor, in some cases co-signers may be contacted by the collection agencyThreat Calls, harassment calls, threatening to harm your credit, garnishment or repossession or threatening the debtor with an arrest.Calls can be place between 8:00 AM to 9:00 PM, debtors time. Calls cant be at inconvenience places like at work.Most of this regulations are from the FDCPA, Fair Debt Collection Practices Act


Do debt collectors have to send you a written statement validating the debt?

Upon your written request for validation, yes. This is covered under the Fair Debt Collection Practices Act (FDCPA).


Does an online payday loan's collection agency have to abide by the FDCPA?

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 US and may be hard to track down. They obviously do that on purpose.


Is it legal for a collection agency to call at 500 am?

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.


What are the legal times for collection-telemarketers to call in Pennsylvania?

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.


Is it legal for a creditor to send an account to a collection agency after one and a half years without ever notifying the customer that they think a bill is owed?

Yes, the original creditor is not bound by the FDCPA. The collection agency must however inform the debtor that they have thirty days to request confirmation of the debt or to dispute same.