Response from complain to FTC..

June 07, 2006


Re: FTC Ref. No. 8340678


Dear XXXXX:

This is in response to your recent complaint to the Federal Trade Commission. The Fair Debt Collection Practices Act prohibits unfair, deceptive and abusive practices by independent debt collection agencies. It gives you certain rights against such agencies and applies regardless of the circumstances of the debt. You should be aware, however, that the debt collector may still use legal remedies to collect a debt if you legitimately owe it.

For example, the Act gives you the right to require a debt collector to provide proof of the debt. The debt collector must tell you of this right as well as what to do if you dispute all or any portion of the debt. The Act also allows you to write to the debt collector requesting that all further contacts cease. The collector must abide by your request in most circumstances, but he can still re-contact you one more time to inform you that specific steps are being taken. In addition, unless the debt collector has permission from you or a court, the collector may not tell anyone other than your spouse or parent (if the consumer is a minor) about the debt.

The Act also prohibits harassment, such as repeated telephone calls at inconvenient times, the use or threat of violence, or the use of obscene or profane language. Should a debt collector violate the Act, you may sue and recover attorney's fees, actual costs and damages, and a penalty of up to one thousand dollars.

You may decide to write to the debt collector in order to explain your situation, complain, or exercise your rights under the Act. If you do so, be sure to keep a copy for yourself and to send the letter by certified mail with a return receipt requested. You should also keep any letters that you get.

You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win you may recover money for the damages you suffered as well as court costs and attorney's fees.

If you are thinking about suing a debt collector, or if you have already received papers indicating that you have been sued or are being summoned to court concerning your debt, you should consider seeking legal advice, either from your state Attorney General, a local legal aid or consumer protection agency, or a private attorney. You should also ask about your state's laws concerning debt collection and creditors' rights.

The Commission does not intervene in private disputes. The Commission does, however, conduct investigations of companies that appear to be engaged in a pattern of law violations. Consumer complaints such as yours help us to identify such violators. Therefore, the information and comments you have given us are useful and appreciated.

Thank you for bringing your experience to our attention.



Sincerely yours,


Consumer Response Center

Enclosures:
1. Fair Debt Collection (CRE-18)