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Debt Collectors and The Collection Letter

On Behalf of | Jan 16, 2012 | Consumer Protection

Fair Debt Collection Practices Act
provides that debt
collectors must be careful when acquiring location information
about the consumer.  If you are having debt issues, be aware
your rights

Under the
, a debt collector can only contact a third party to
obtain location information about the debtor.   The
collector can not indicate, verbally or written, that he or she is
trying to collect a debt or in the debt collection
business.   Even when the collector is mailing you a
letter, it must be careful of what they are mailing.   If
the collector uses a letter or postcard to contact you, it is
violating the FDCPA’s prohibition of using any post card for
communication.  Moreover, the collector can not use ”
any language or symbol on any envelope
” or mail that indicates
that the debt collector is in the debt collection
business.   Therefore, when a debt collector sends you a
letter and the envelope it is contained in states that the company
sending the letter is a debt collector, or the company name has the
term “Collectors” or “Collections” in it as it appears on the
envelope, the mailing of that letter violates the FDCPA. 

Being stuck in financial troubles is not easy.  It is hard
to answer the calls and talk with collectors about bills that you
have no way of paying.    However, just because you
can’t pay your bills does not mean you do not have rights.  It
is still important to protect your
rights as a consumer
.  Answer the calls.  Find out
who is calling.  Keep a pad of paper by the phone and keep a
log of the calls.  The collectors can not harass you, use
obscene language, call repeatedly or lie to you.  If you have
questions about whether your rights as consumer have been violated,
contact SmithMarco, P.C., for a free case review.  SmithMarco,
P.C., has over 30 years of combined experience practicing law
protecting the rights of consumers around the country.