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 Posted: Fri Apr 25, 2008 7:34 am |
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When is a creditor in violation of harassment, I know the CAs fall under the FDCPA, what is it called again where the original creditor has to adhere to certain laws?
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kolodin616
Joined: 07 Mar 2008
Posts: 142
Debtcc Points: 1167
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| Posted: Fri Apr 25, 2008 7:39 am |
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well,a creditor cannot call you at work if
told not to.that is about the only provision
i know about.
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paulmergel
Debt Samaritan
Joined: 24 Jun 2007
Posts: 1741
Debtcc Points: 7390
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| Posted: Fri Apr 25, 2008 7:44 am |
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isn't there something about the time of day they call? Of course I might be wrong.. I know I have one creditor calling me at like 7:45 am or something..
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bea2ls
Joined: 27 Mar 2008
Posts: 320
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| Posted: Fri Apr 25, 2008 9:10 am |
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I don't think there is anything about the time. Although I suggest you do your best to work somehting out with them. Collections is a lot less fun.
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FYI
Moderator
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Posts: 1721
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| Posted: Fri Apr 25, 2008 6:10 pm |
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Creditors usually do have state laws that they have to follow. Actually there could be two sets of laws they have to follow - their state's and your state's.
For example, in Illinois the Consumer Loan Act has special rules for creditors that are similar to certain parts of the FDCPA; like a creditor cannot threaten you with jail time or violence.
Pertaining to those phone calls, Illinois laws say that the creditor cannot call you "at times reasonably considered to be unusual hours or known to be inconvenient." Again, that is just in Illinois so it may not apply to you.
Your state has a website with all its laws. Search through your state laws for keywords like "credit practices", "consumer finance", "sales finance", "financial regulation", etc.
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DebtCruncher
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| Posted: Sat Apr 26, 2008 6:08 am |
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Yes definitely, your state may have laws that protect you against harassment by the OC's. I've said it before, and it certainly bears repeating, that some OC's can be just as bad or worse than CA's that violate the FDCPA. It's important to know your rights when it comes to the OC's, as owing money and being unable to pay (not unwilling to pay, there is a distinction) does not make you a criminal and does not open you up to being verbally abused and harassed by either OC's or CA's.
Definitely check out your state's website for more information on whether or not there are laws that protect you from the OC's. I found my state laws by doing a Google search, which led me to the Florida Attorney General's website.
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UnemployedRon
Joined: 13 Oct 2007
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| Posted: Sat Apr 26, 2008 2:13 pm |
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Any state laws that would pertain to this you should be able to find under your states Uniform Commercial Code (or Financial Code as it is labeled such in certain states)
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JCEMT
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