October 31, 2014
Concluding our three-part blog series Your Rights against Abusive Debt Collectors: The Fair Debt Collection Practices Act, below, we will wrap up our discussion regarding the rights that borrowers have according to the terms of the FDCPA.
While the first two parts of this blog series focused on highlighting some general terms of the Fair Debt Collection Practices Act, as well as what debt collectors are specifically prohibited from doing, here, we will point out what debt collectors MUST legally do when contacting you about an alleged outstanding debt.
The Fair Debt Collection Practices Act: What Debt Collectors MUST Do…
According to the terms of the Fair Debt Collection Practices Act, here’s what debt collectors must legally do when reaching out to you about some debt that you allegedly owe. Specifically, debt collectors are required to:
- Clearly tell you who they are and who the original creditor is
- Provide you with the address of the original creditor upon your request (Your request for this must be a written request, and debt collectors are required to respond to this within 30 days of receiving it.)
- Inform you that you have the right to dispute the debt (To do this, you must proceed through a formal dispute process.)
- Send you a verification of the debt upon your request (Again, this must be sent to you within 30 days of your written request for it.)
- File any lawsuit against you in the jurisdiction in which you live or in which the original contract for the debt was signed.
The Federal Trade Commission (FTC) is responsible for enforcing the Fair Debt Collection Practices Act. Therefore, if you believe that a debt collector has violated any of your rights under the terms of the Fair Debt Collection Practices Act, it’s critical that you contact the FTC to report the violation.
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From our office in Denver, Arthur Lindquist-Kleissler represents clients throughout the Great Denver Metropolitan area and Colorado, including (but not limited to) Aurora and Arapahoe County.