I In 1977, the Federal Debt Collections Practices Act (FDCPA) was established by Congress to enforce regulations on debt collection companies and how they interact with consumers. The FDCPA also creates a level playing field for debt collectors who play by the rules. The defaulting debt collectors will no longer have an advantage over others due to unfair debt collection practices.
Under the FDCPA, there are limitations on what debt collectors can do to collect debts from consumers. On the other hand, debt collection companies also have certain rights under the law when collecting debts. Let’s shed some light on five things they can and can’t do.
What Can Debt Collection Companies Do?
Debt collection companies have rights and can express such rights if necessary. Here are five things debt collectors can do:
- Collection of payments
Debt collection is tricky, especially with terms like the statute of limitations and expired debts. Understanding these terms helps you know if a debt collection company has a right to collect payments or, worse, sue you.
First, there are statutes of limitations on all consumer debts. These consumer debts include medical bills, credit card debts, student loans, mortgages, auto debts, and payday loans. It means there’s a limited time when a creditor or debt collection company can sue you to pay off your debt.
For example, if the statute of limitations on your credit card debt is four years, the debt collector or a third-party collector can sue you within those four years. After four years, the debt is termed expired. The debt expiring doesn’t mean the debt collection company can’t contact you to pay off the debt. With the abovementioned terms clarified, debt collectors can reach out to collect what you owe them plus interest.
- Sell the Debt to Another Debt Collector
Debt collection is a business where creditors sell debts or hire debt collection companies to help collect debts from consumers. Debt collectors have the right to sell consumers’ debt to another debt collector.
If debt collectors can’t collect the debt, they can sell it to another debt collector. This is why a different collection company can start contacting you when you think the initial debt collector has forgotten about you and the debt. It’s also advised that you keep receipts of any payments you’ve made to avoid being asked to pay for a debt you’ve paid fully or a part of it.
- Remain in Regular Contact with Consumers
Contacting consumers is the primary way a debt collection company can collect the debt before resorting to lawsuits. It is important to note that the FDCPA was updated in 2021. The new update states that debt collectors can now communicate with consumers through new means, including SMS, social media messages, and emails. It’s very much within their rights to exhaust their communication options to get consumers to pay up as long as they aren’t harassing or threatening them.
- Negotiate Consumers’ Debts
To recover what consumers owe, a debt collection company can offer to renegotiate the debt. Renegotiation can also be done by the third-party collection company that bought the debt.
The consumer might end up paying less than what they owe initially.
- Sue the Consumer over Unpaid Debts
Debt collection companies can file a lawsuit against a consumer who refuses to pay off their debts. When you refuse to pay your debts, you can get sued by a debt collector or a third party who paid for your debt. If summoned, you are expected to show up in court, or the judge might rule in their favor. When this happens, you’ll have bank levies, or your wages might be garnished to enable the debt collector to recover the debt.
What Can’t Debt Collection Companies Do?
There are prohibitions on how debt collection companies collect debts from consumers under the FDCPA. Here are five of those things debt collection companies can’t do:
- Harass customers in the process of debt collection
The FDCPA was created to eliminate debt collection companies harassing consumers. Debt collectors in the process of trying to collect debts can’t resort to any form of harassment. Harassment connotes the following:
- Constantly calling consumers during odd hours.
Coercing and threatening consumers to pay up.
- Using profane words on the consumers.
- Sharing the consumers’ credit information
- Show up at the consumer’s workplace
The FDCPA prohibits debt collectors from sharing consumer credit information with a third party. The third party may include family, friends, colleagues, or employers. Debt collectors have no right to show up at the consumer’s workplace to collect the debt, harass or out the consumer to their employers or colleagues.
- Call the consumer whenever they like
Debt collectors can’t pick up the phone and call a consumer anytime. They will have to call the consumer from 8:00 AM to 9:00 PM during local consumer time. If a debt collector calls earlier or later than the time mentioned above, the consumer can report to the FDCPA for harassment.
- Arrest the consumer
Debt collectors have absolutely no right to arrest or threaten to arrest the consumer. The FDCPA protects consumers from being arrested by debt collectors. However, that doesn’t mean the consumer can’t be summoned to court. The defaulting consumer will appear in court if the debt collector sues them.
- Try to collect debts the consumer doesn’t owe
Debt collectors can’t collect debts the consumer doesn’t owe. FDCPA requires debt collectors to present a validation letter upon debt collection to protect the consumer. Debt collectors are responsible for sending a validation letter that gives the consumer full details of the debt. And if the consumer still isn’t convinced, the debt collector has to send a verification letter clarifying the consumer’s doubts.