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	<title>Comments on: How the Fair Debt Collection Practices Act Protects Debtors</title>
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	<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html</link>
	<description>personal finance blog with anecdotes, advice and commentary.</description>
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		<title>By: Damon Day</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-307768</link>
		<dc:creator>Damon Day</dc:creator>
		<pubDate>Sat, 27 Jun 2009 07:22:04 +0000</pubDate>
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		<description>Hey Jim,

Great post on this topic.  I assist my clients in dealing with these guys pretty much every day.

A couple of points that I didn&#039;t see.  Maybe I missed it.  Generally the FDCPA does not apply to the original creditors.  It was specifically written for debt collectors which are clearly differentiated from original creditors in the act.  So if say a rep from B of A is calling, they are not going to be bound as tightly as a third party debt purchaser.  

Also I saw a comment made about sending a cease communication letter to a collector to get them to stop calling.  Consumers should utilize that practice with extreme caution.  These days, it can be a highly sensitive issue with the creditor or collector and could actually prompt a lawsuit.

I think most people would rather ignore phone calls than prompt a lawsuit.  So people shouldn&#039;t just blindly fire those off if they are not sure what they are doing.  

Other than that it was a very informative post for people, and the more people can recognize illegal tactics, the more empowered they will become.

Once you can recognize illegal tactics, you document them, save them until you have a sufficient amount and they you contact a local consumer advocate attorney to take the case.  Each violation can be worth up to $1,000 dollars in fines, and remember, they may commit 4 or 5 violations on one phone call.

One last note, if you have a device that can record phone calls, then that is the best.  Check the laws in your state, in some states only one party has to be aware that the call is being recorded.  Other states require that both parties know.  However as a side benefit, telling a collector that you are going to record the call seems to be the fastest proven technique to make them slither up and go away faster then you can say boo!!!</description>
		<content:encoded><![CDATA[<p>Hey Jim,</p>
<p>Great post on this topic.  I assist my clients in dealing with these guys pretty much every day.</p>
<p>A couple of points that I didn&#8217;t see.  Maybe I missed it.  Generally the FDCPA does not apply to the original creditors.  It was specifically written for debt collectors which are clearly differentiated from original creditors in the act.  So if say a rep from B of A is calling, they are not going to be bound as tightly as a third party debt purchaser.  </p>
<p>Also I saw a comment made about sending a cease communication letter to a collector to get them to stop calling.  Consumers should utilize that practice with extreme caution.  These days, it can be a highly sensitive issue with the creditor or collector and could actually prompt a lawsuit.</p>
<p>I think most people would rather ignore phone calls than prompt a lawsuit.  So people shouldn&#8217;t just blindly fire those off if they are not sure what they are doing.  </p>
<p>Other than that it was a very informative post for people, and the more people can recognize illegal tactics, the more empowered they will become.</p>
<p>Once you can recognize illegal tactics, you document them, save them until you have a sufficient amount and they you contact a local consumer advocate attorney to take the case.  Each violation can be worth up to $1,000 dollars in fines, and remember, they may commit 4 or 5 violations on one phone call.</p>
<p>One last note, if you have a device that can record phone calls, then that is the best.  Check the laws in your state, in some states only one party has to be aware that the call is being recorded.  Other states require that both parties know.  However as a side benefit, telling a collector that you are going to record the call seems to be the fastest proven technique to make them slither up and go away faster then you can say boo!!!</p>
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		<title>By: Matt</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-306646</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Tue, 23 Jun 2009 02:10:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-306646</guid>
		<description>Like Ray said, you&#039;ll need to tell them not to call and follow that up with a letter. Document every communication with them. Also, make sure to send any communication via certified mail with return receipt.</description>
		<content:encoded><![CDATA[<p>Like Ray said, you&#8217;ll need to tell them not to call and follow that up with a letter. Document every communication with them. Also, make sure to send any communication via certified mail with return receipt.</p>
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		<title>By: Dawn/FFL</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-306643</link>
		<dc:creator>Dawn/FFL</dc:creator>
		<pubDate>Tue, 23 Jun 2009 02:01:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-306643</guid>
		<description>A collector may contact you by phone, mail or in person. However, they can not contact you before 8am or after 9pm. Also, if you let the collector know that your employer does not approve of collection calls they may no longer contact you at work.

The next step to narrowing down their contact with you is to send a ‘Cease and Desist’ letter. This is done via regular ’snail’ mail and best sent registered mail so you know they received it and have physical proof. 

I have written more about this, based on experience.... the link is with my name... best of luck Gary!</description>
		<content:encoded><![CDATA[<p>A collector may contact you by phone, mail or in person. However, they can not contact you before 8am or after 9pm. Also, if you let the collector know that your employer does not approve of collection calls they may no longer contact you at work.</p>
<p>The next step to narrowing down their contact with you is to send a ‘Cease and Desist’ letter. This is done via regular ’snail’ mail and best sent registered mail so you know they received it and have physical proof. </p>
<p>I have written more about this, based on experience&#8230;. the link is with my name&#8230; best of luck Gary!</p>
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		<title>By: Ray</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-306639</link>
		<dc:creator>Ray</dc:creator>
		<pubDate>Tue, 23 Jun 2009 01:56:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-306639</guid>
		<description>I used to be one of those collector&#039;s (not my proudest moments), when they call ask for the exact spelling of the agents name and the firm name than ask them not call her at her place of employment. It is illegal for them to continue calling ones they are told not to.

If you want them to stop calling you altogether send in a letter cease communication make sure you keep a record of everything. They have to stop communication with you.

Record all future calls they are NOT allowed to threaten you and say that they will sue you unless they really will. If it continues contact consumer protection agency in your area and file a complaint. before that I would suggest you call the lender and file an internal complain.</description>
		<content:encoded><![CDATA[<p>I used to be one of those collector&#8217;s (not my proudest moments), when they call ask for the exact spelling of the agents name and the firm name than ask them not call her at her place of employment. It is illegal for them to continue calling ones they are told not to.</p>
<p>If you want them to stop calling you altogether send in a letter cease communication make sure you keep a record of everything. They have to stop communication with you.</p>
<p>Record all future calls they are NOT allowed to threaten you and say that they will sue you unless they really will. If it continues contact consumer protection agency in your area and file a complaint. before that I would suggest you call the lender and file an internal complain.</p>
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		<title>By: Gary</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-306619</link>
		<dc:creator>Gary</dc:creator>
		<pubDate>Tue, 23 Jun 2009 00:54:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-306619</guid>
		<description>What should I do now that I have been harrassed by a colector (that poses as a law firm).  I want to nail these guys.  They are harrassing my wife at work about 10 times per day.  They told her &quot;we can do anything we want&quot;.  Thanks
Gary</description>
		<content:encoded><![CDATA[<p>What should I do now that I have been harrassed by a colector (that poses as a law firm).  I want to nail these guys.  They are harrassing my wife at work about 10 times per day.  They told her &#8220;we can do anything we want&#8221;.  Thanks<br />
Gary</p>
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		<title>By: DDFD at DivorcedDadFrugalDad</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305395</link>
		<dc:creator>DDFD at DivorcedDadFrugalDad</dc:creator>
		<pubDate>Thu, 11 Jun 2009 11:44:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-305395</guid>
		<description>Nice post!  A solid review that should be required reading before anyone signs a credit card or loan agreement.</description>
		<content:encoded><![CDATA[<p>Nice post!  A solid review that should be required reading before anyone signs a credit card or loan agreement.</p>
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		<title>By: thomas</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305314</link>
		<dc:creator>thomas</dc:creator>
		<pubDate>Wed, 10 Jun 2009 05:51:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-305314</guid>
		<description>scum of the earth - that&#039;s what these people are. Great tips on how to deal with these flesh eaters.</description>
		<content:encoded><![CDATA[<p>scum of the earth &#8211; that&#8217;s what these people are. Great tips on how to deal with these flesh eaters.</p>
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		<title>By: Lucy</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305254</link>
		<dc:creator>Lucy</dc:creator>
		<pubDate>Tue, 09 Jun 2009 11:37:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-305254</guid>
		<description>Thank you for the great summary. Will bookmark this page for personal reference just in case anything comes up in the future.</description>
		<content:encoded><![CDATA[<p>Thank you for the great summary. Will bookmark this page for personal reference just in case anything comes up in the future.</p>
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		<title>By: eric</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305238</link>
		<dc:creator>eric</dc:creator>
		<pubDate>Mon, 08 Jun 2009 22:57:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-305238</guid>
		<description>This is something I learned only when I started following PF blogs a few years ago. I don&#039;t think I would&#039;ve been told otherwise. I just hope I can keep this info in the &quot;good to know&quot; category and not ever have to use it.</description>
		<content:encoded><![CDATA[<p>This is something I learned only when I started following PF blogs a few years ago. I don&#8217;t think I would&#8217;ve been told otherwise. I just hope I can keep this info in the &#8220;good to know&#8221; category and not ever have to use it.</p>
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		<title>By: Ryan P Smith</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305236</link>
		<dc:creator>Ryan P Smith</dc:creator>
		<pubDate>Mon, 08 Jun 2009 21:56:36 +0000</pubDate>
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		<description>That has a bunch of good information,  do you have any suggestions for what consumers should do when a debt collector violates one of these laws?</description>
		<content:encoded><![CDATA[<p>That has a bunch of good information,  do you have any suggestions for what consumers should do when a debt collector violates one of these laws?</p>
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		<title>By: Wise Money Matters</title>
		<link>http://www.bargaineering.com/articles/how-the-fair-debt-collection-practices-act-protects-debtors.html/comment-page-1#comment-305235</link>
		<dc:creator>Wise Money Matters</dc:creator>
		<pubDate>Mon, 08 Jun 2009 21:34:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.bargaineering.com/articles/?p=4619#comment-305235</guid>
		<description>Thanks for this wealth of information. Unfortunately collectors can get ugly when trying to get their money. I wish this legislation never had to come into being in the first place but it became necessary.</description>
		<content:encoded><![CDATA[<p>Thanks for this wealth of information. Unfortunately collectors can get ugly when trying to get their money. I wish this legislation never had to come into being in the first place but it became necessary.</p>
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