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9009 West Loop South, Seventh Floor, Houston Texas
1-866-889-9347 |
CCCS of Greater Washington
A Division of Money Management International |
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Regional Headquarters - 15847 Crabbs Branch Way, Rockville, MD 20855 |
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The Fair Debt Collection Practices Act
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While state collection laws vary quite a bit, the Fair Debt Collection Practices Act (FDCPA) does outline some hard and fast rules. By law, collection agencies may not:
-harass you. For example, they may contact you only between 8 a.m. and 9 p.m. They must identify themselves as bill collectors. They may not use profane language or threaten you with violence. They also may not contact you at work if they know your employer disapproves.
-lie. Collectors cannot imply that they are anything but collectors. They may not suggest that you have committed a crime or that you will be arrested for nonpayment. You cannot go to jail for an unpaid debt.
-engage in unfair practices. For example, they may not threaten to take your property unless they are actually able to do it. They may not communicate with you by postcard. They may not accept a check postdated by more than five days unless you are notified in advance of when it will be deposited.
If you feel that a creditor has engaged in unfair, deceptive, or abusive practices, the Fair Debt Collection Practices Act (FDCPA) provides protection. If you choose to sue a collector for the violation of the FDCPA, what actually constitutes harassment would be up to the courts to decide. Some courts might feel what a collector has done is harassment while another court would consider those tactics a routine collection practice.
You have up to one year after the alleged violation to sue. If you win, you may be entitled to damages plus an additional amount up to $1,000. You may also be able to recover court costs and attorney’s fees. A group of people may sue a debt collector and recover money for damages. At the very least, you should file a complaint with the FTC by visiting www.ftc.gov or call 1-877-FTC-HELP. Although the FTC does not act to resolve individual problems, it does look for patterns of possible law violations.
Even if you are not being harassed by a collector, their collection calls can cause a lot of stress. Fortunately, there is an easy way to make them stop. Simply write to them demanding they not contact you anymore. The FDCPA states:
“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—(1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.”
Please be aware that stopping the calls does not relieve you of your responsibility. You will still owe the money and the company may pursue additional collection efforts.
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CCCS, A Division of Money Management International Regional Headquarters - 15847 Crabbs Branch Way, Rockville, MD 20855 Corporate Address - 9009 West Loop South, Seventh Floor, Houston, TX 77096
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