Debt Collection Agency Held Accountable For Illegal Practices

Anyone who is currently or in the past dealt with debilitating debt knows the anger, frustration and sometimes fear that accompanies debt collection practices. It has often been said that debt collectors are people just like you or I, trying to do their job. Sadly there are times when these individuals or agencies for which they work break the law when attempting to collect delinquent debt. While no one is suggesting that debtors be treated with kid gloves, each person has the right to be treated fairly and with respect. In fact the Fair Debt Collection Practices Act was established to ensure debtors are not harassed or abused by debt collectors.

There are companies out there who abide by the rules and regulations in place, however not all debt collection agencies play by the rules. The Federal Trade Commission has recently closed a case which involved the Academy Collection Service Inc., a collection company based in Pennsylvania. The FTC announced they have agreed to a settlement with two individual defendants who worked with the company. These individuals and Academy Collection Service have been accused of misleading, harassing and threatening debtors. Other claims against the company include: depositing postdated checks before the date and disclosing debt information with unauthorized parties. All of these actions are illegal and in violation of federal law.

With the number of credit card delinquencies on the rise as a result of the rough economy, it is important for consumers to know what their rights are when it comes to debt collection. If you are being hounded by a debt collector do not assume you have to take their abuse or harassment. Here are a few reminders on how to deal with debt collectors.

  • Fair Debt Collection Practices Act- If you are not already familiar with this Act you should immediately familiarize yourself with the rules and regulations. By doing this you can quickly spot when a debt collector has crossed the line.
  • Request Validation- Mistakes can be made and many times an account which should have been recorded as paid falls through the cracks and ends up in collection. If you feel you are being contacted about a debt that you are not responsible for, request validation of that debt. The debt collector has a legal obligation to verify certain information proving you are responsible for the debt in question. You must request validation within 30 days of receiving notice from the debt collector. Once you have requested validation the debt collector must cease all collection activity until they have provided the required documentation.
  • Proceed With Caution- Whenever you are dealing with a third party collection agency make sure you document all correspondence. Confirm all details, settlements and other agreements in writing. Try to remain calm and do not allow a debt collector to harass or abuse you as it is against the law.

Currently the FTC is determining if additional regulations would resolve some of the problems in the collection industry. Until more protection is available it is up to each individual consumer to ensure their rights are protected.

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