Question about Creditors

well,a creditor cannot call you at work if
told not to.that is about the only provision
i know about.

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..

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.

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.

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.

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)

what is the penalty for collectors who do not verify that they are speaking with the correct person over the telephone?

There really is no requirement for them to actually verify who they're talking to.??
However, if they just start talking to some random person who answers your phone, then the release of??any of your non-public personal??information could be an FDCPA violation as well as a breech of the financial safeguards/privacy rule of the Gramm Leach Bliley Act.
For there to be a violation, they would actually have to release the info to a third party.?? It's not enough to "suppose" who might be on the other line.?? If they were in fact talking to you, whether they verifired who you were or not,??then there is no violation.

I've had CA's call after 9 PM......I really din't think they were 'alowed' to calll that late. DEBTCRUNCHER.....if a CA DOESN"T know who they are talking to, they are violating the Confidentially thing, aren't they?

They are allowed to call between 8 am and 9 pm; your local time, not their time!

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector
shall not communicate further with the consumer with respect to such debt, except???
(1) to advise the consumer that the debt collector???s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor
may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification
shall be complete upon receipt.
(d) For the purpose of this section, the term ???consumer??? includes
the consumer???s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Fair Debt Collection Practices Act

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