The Fair Credit Debt Collection Practices Act protects consumers from the shady and unscrupulous practices of some debt collection agencies which are a bit too over enthusiastic when it comes to recovering debts. Congressional findings indicated that some debt collection activity was abusive and thus contributed “to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

Whilst protecting individual consumers from abusive tactics the Fair Debt Collection Practices Act now also allows those who deliberately run up debts with no intention of repaying them equal protection under the law. Those who choose to can use the Act to their advantage and avoid the debt collectors who are doing their job in trying to recover debt which a consumer deliberately ran up with gay abandon knowing the law hampered the debt collector from pursuing them. Here are some of the ways in which the law protects those who have amassed debt and choose to ignore their obligations to repay it.

Debtors must not be disturbed before 8a.m. as may well be sleeping in. They aren’t allowed to be disturbed after 9p.m. either. They could answer their phone during the day, request that the debt collector calls them back early the next morning, and then report them for breaking the law by waking them up at 7.30a.m.

No matter how much profane or abusive language the debtor chooses to hurl at the debt collector the latter must not respond in the same way in case it offends the debtor. Nor is the debt collector allowed to threaten physical violence towards the debtor, his cat, his car or his exemplary reputation, yet the debtor can threaten to break the debt collectors legs. The debtor can ruin the collector’s business reputation by reporting him for causing his telephone to ring in an annoying manner.

If the debtor chooses to avoid the debt collector by refusing to come to the telephone or denying that they are in fact themselves when answering a call, then there is nothing the debt collector can do about it. Debt collectors aren’t allowed to misrepresent themselves so can’t entice the debtor to the telephone by saying they represent the state lottery. Debt collectors are expected to have psychic powers and not bother the debtor at work if they “suspect” that the debtor’s employer does not like them calling, even though they aren’t allowed to reveal why they are calling.

Although the Fair Debt Collection Practices Act was established with legitimate reasons to protect the consumer from abusive debt collection tactics it is easy for the debtor who is simply a dishonest consumer who has no intention of repaying debt, to hide behind the Act.

Learn more about this author, Katerina Nikolas.
Click here to send this author comments or questions.

---

Add your voice

Know something about How the Fair Debt Collection Practices Act hampers debt collectors?
We want to hear your view. Write now!