If you are a consumer, you have a good chance of falling into debt. From losing your job, to getting sick, from losing track of your finances to simply spending more than you can afford, debt threatens us all. But, luckily, as consumers we have rights.
 
The Fair Debt Collection Practice Act assures that you are protected as a consumer by preventing people from collecting debt through illegal or harassing ways. This act protects you in the following manners:

It Limits How Creditors Can Find You: Creditors and collection agencies have the right to track you down, but they can’t do so by any means necessary. The Acquisitions of Location Information section of the Fair Debt Collection Practice Act limits what a creditor or collection agency can do. For instance, they can ask a third party - such as your neighbor or mother-in-law - for help locating you, but they can’t mention your debt or that you owe them money.  They also can’t contact the same third party more than once.

It Protects Your Privacy: In order to protect your privacy, creditors and debt collectors cannot advertise through the mail that you are in financial trouble. In other words, they can’t send you anything that has the name of a debt collection agency on the outside envelope nor can they send you a postcard. They also cannot send you anything, or try to communicate with you in any manner, if you’ve informed them that you have legal representation. Once they know this, they must contact your lawyer, not you.

It Limits When Creditors Can Speak with You: The Fair Debt Collection Practice Act also limits the time of day you can be contacted, throwing their ability to contact you at midnight right out the window. It states that you cannot be called before 8 a.m. or after 9 p.m. unless they have a court order. It also states that they can’t call you at work if your employer prohibits collections calls or if you ask them not to.

It Says You Can’t be Harassed: No matter how much money you owe, collectors are not allowed to harass or threaten you. They can’t be abusive or demeaning, even if you owe them everything plus the kitchen sink. Any debt collector that uses violent words, threats, or curse words is in violation of the law. Likewise, any debt collector who constantly calls you or makes a point to annoy or embarrass you is also in violation.

It Says Debt Collectors Can’t Misrepresent Themselves: Debt collectors are not allowed to misrepresent themselves. In a nutshell, this means that they can’t falsely claim that they are part of a Federal agency, a local government, or that they are an attorney. They can also not lie about the amount of money you owe or the status on your account, nor can they threaten to seize your house and garnish your wages unless it is lawful for them to do so. And finally, they cannot claim that an unpaid debt will result in your incarceration. Plainly put, it won’t.

It Says Collectors Have to Play Fair: A debt collector can not use creative measures to make you pay more than what you owe: they must be fair. For instance, they can’t charge interest or late fees unless they are legally authorized to do so nor can they make collect calls to you. Additionally, they cannot accept checks postdated more than five days nor can they deposit your postdated check before the date of the mark.

It Assures You Are Given Proper Documentation: You have the right to verify that the debt a collector claims you owe is actually yours. In order to do this, you need the proper documentation. Within five days of initially making contact with you, a debt collector must send you a written notice that includes the name of the creditor you owe, their contact information, the amount you owe, and notice that you can contest or dispute any portion of the debt.

It Prohibits False Forms: Just as they aren’t allowed to mislead you through an email or a phone call, debt collectors are also not allowed to provide you with false forms. For instance, they cannot produce a form that insinuates the involvement of other parties. In other words, they can’t give you a form with the intent to make you believe the local law enforcement is also participating in your debt collection.

It Says You Have the Right to Sue: A collection agency is not untouchable: if they break the law, you can sue them. If you’ve been harassed, threatened or purposely embarrassed, you can sue for actual and additional damages.

It Assure Your Payment Goes Where You Want: In the event you have more than one debt, a debt collector is not allowed to choose where your repayment goes: they must adhere to your instructions. They are also not allowed to use your money to repay a debt that is being disputed.

It Limits Jurisdiction: If a debt collector or creditor wants to bring legal action against you, their jurisdiction is limited: they can’t do it just anywhere. If the action is against a home loan, for instance, they must stay in the jurisdiction of the property. In other instances, they can only bring legal action where you currently live or where you resided when your debt was accrued.

As a consumer, you have rights and knowing those rights is the first step in fighting for them. If you feel you are dealing with a  debt collector who is in violation of the Fair Debt Collection Practice Act contact the Federal Trade Commission or your state’s Attorney General.