Free Response to Payment Request

If there is any doubt about whether the Fair Debt Collection Practices Act applies, consult an attorney. This general overview of the scope of the Fair Debt Collection Practices Act is only a rough description and is not a substitute for competent legal advice.

The Fair Debt Collection Practices Act covers the collection of consumer debt which is defined to include any personal, family, or household debt. The Act applies to the following types of debt collectors:

1. Any person in the business of collecting debts.
   
2. Any creditor who collects debts using a name other than his or her own.
   
3. Anyone who collects or tries to collect debts for another person.

Contacting the Debtor
A collector may contact a person other than the debtor ONLY for the purpose of locating the debtor. In doing so, the collector must do the following:

1. Identify himself or herself.
   
2. Not reveal the consumer's debt.
   
3. Not use a postcard or any other means that might reveal the debt-collection activity.
   
4. Not contact the person more than once unless absolutely necessary.
   
5. If the collector learns the identity of a lawyer who is representing the debtor, the contact must be with that lawyer.

A collector CANNOT do the following:

1. Contact the debtor before 8 a.m. or after 9 p.m.
   
2. Contact the debtor at unusual places.
   
3. Contact the debtor at the place of employment if it is known that the employer prohibits such contact.
   
4. Harass or abuse the debtor. This includes, but is not limited to:
   
   1. Using or threatening violence or harm to the person, the person's reputation, or property;
      
   2. Using obscene language;
      
   3. Publicizing the debt;
      
   4. Making annoying, repetitive, or anonymous phone calls;
      
   5. Providing false or misleading information as to the collector's identity;
      
   6. Collecting an additional fee not authorized by law or the terms of the debt agreement;
      
   7. Charging the debtor with collect calls or telegram fees;
      
   8. Communicating by postcard.
   
   
5. During the period when a debt is being verified, the collector may not ask for payment.

Following Up with Written Correspondence
Within five days of contacting a debtor, the collector must send a written letter that includes the following information:

1. The amount of the debt.
   
2. The name of the creditor.
   
3. Notice that the debt will be assumed to be valid unless disputed within 30 days.
   
4. Notice that if the debt is disputed, the collector will verify and send a copy of the verification of debt against the consumer.

If you have any questions or concerns regarding the application of the Act, consult your personal lawyer.