The Fair Debt Collection Practices Act was designed to hold debt collectors to a higher standard, an ethical standard that would grant the consumers relief from otherwise unscrupulous debt collection practices.
The primary assurances the FDCPA strive for are:
- An established procedure put in place by the collector to make sure compliance is maintained by the collector with the FDCPA regulations.
- Make a determination as to whether the organization is a legitimate debt collector as defined by the FDCPA.
- Any former or current debt collector must not have carried out any prohibited practices regarding their communications.
- Any former or current debt collector has provided the written notice of validation in a timely fashion and has met all requirements regarding validation.
- Followed appropriate procedure when filing suit if a suit was filed by the collector.
- Applied any payment as it was instructed and if no instruction was provided, only provided the payments to any undisputed debts.
- Has collected or attempted to collect any monetary amount not in keeping with the amount owed or allowed to be collected by the state.
Even with the FDCPA balancing the fairness between consumers and debt collectors there are still those that do not toe the line. Collectors call outside of normal hours and call repeatedly. They may curse and threaten lawsuits that are not, nor will they ever, come to fruition.
If you are facing debts that circumstance has made difficult for you to pay, you may feel like even those collectors who are following all the regulations and are in good standing with the FDCPA are out to get you. When you are so overwhelmed with stress, simply the sound of the phone ringing can send you into a panic and overwhelm you with anxiety.
If this is relatable to you, you may truly benefit from meeting with a Florida bankruptcy attorney. Your attorney could look at your financial plan and your debts and assets to help you decide what you can live with and how to alleviate the stress in your life.