Federal Fair Debt Collection Practices Act

Essay by theurgeA, February 2006

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The first part of the Federal Fair Debt Collection Practices Act that 'Harass You Forever Collection Agency' violated was when they called repeatedly, between 10 pm and midnight. 805a(1) states that a debt collector may not communicate with a consumer in connection with the collection of a debt at any unusual time and place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 am and before 9 pm, local time at the consumer's location.

The second part of the act that they violated was by calling the client's place of employment, even after the employer told the agency to stop calling. 805a(3) states a debt collector may not communicate with a consumer in connection with the collection of a debt at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communications.

Third, the collector has called the consumer deadbeat and threatened to have her thrown out of her house in a week. 806(2) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader, and 806(5) causing the telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. Also, 807(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to...