If you are behind on your credit card bills, you have likely been contacted by someone from your credit card company's collections department, a collection agency or perhaps even an attorney. It makes no difference whether your debt is legitimate, you still have rights against harassment that are protected by federal, and in some cases, state law.
Fair Debt Collections Practices Act
The Fair Debt Collections Practices Act (FDCPA) is a federal law that restricts the activities of bill collectors. It also gives consumers specific rights regarding their debts. The FDCPA has numerous provisions, which include restrictions on the hours a bill collector can contact you by phone, the requirement that a bill collector send you written notice with information about your debt within five days of first contacting you and prohibitions on contacting you at work if you inform the bill collector you are not allowed to receive such calls.
Exceptions
The FDCPA does not apply to all debt collectors. Original creditors (such as your credit card company) are not subject to the restrictions of the FDCPA, nor are government employees, such as those who collect taxes or student loan debt. Attorneys may be subject to the FDCPA: If an attorney specializes in debt collection, he or she is subject to the FDCPA's provisions.
State Fair Debt Collections Laws
Some states have their own fair debt collection laws. These laws can be more stringent than federal laws, and in some cases offer protections against third-party collectors and original creditors.
Fair Credit Reporting Act
Under the Fair Credit Reporting Act, if information regarding a credit card debt is found on your credit report, you have the right to ask that it be investigated and removed if it is incorrect. The creditor and credit bureau are required by federal law to investigate your claims.
Warning
Never ignore a communication from your credit card company or a debt collector. If you don't think you owe a bill, you have a right to contest it. If you do owe the bill, try and work out a payment plan. Ignoring the problem can result in serious damage to your credit report, which can hurt your chances of getting credit, renting an apartment or even getting a job.
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