what are the do not contact states under the fair debt collection practice act?
361975
Massachusetts and Pennsylvania
794789
Actually debt collectors do not come under the jurisdiction of the FSA as another poster has indicated. Deb collectors are licensed by the Office Of Fair Trading. The OFT has published a set of minimum guidelines for debt collecting agencies and it would be worthwhile you looking up the relevant areas of this guidance to assist you with your complaint. \n\nI have enclosed a ink to the guidance below. The Myvesta site has lots of assistance in this area too.\n\nhttp://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf\n\nhttp://myvesta.org.uk\n\nHope this helps!\n\nRegards\n\nSean
597520
Yes, any company that collects debts is subject to the FDCPA. It states that a debt collector may not make "The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action." It sounds like it is entirely possible that they do intend to seek a warrant for your friend's arrest, so I don't see how it would be illegal.
647512
Simply put, yes. HOWEVER, they must have a CURRENT business relationship with you. Because they are collecting an alleged debt they have permissible purpose to pull your credit without your permission. The law protects you from abuse which many collectors will do so monitor your reports closely. Abusive practice could be excessive pulls. The only purpose it serves to pull your credit excessively is to poison your report. If they are running your credit but not reporting they are checking to see if you have applied for new  credit or may have purchased new assets. Send them a debt validation letter immediately. If they fail to validate the debt and continue to run your credit it is considered continued collection activity which violates the Fair Credit Reporting Act. If they do not validate the debt then also follow up with a non permissible purpose letter that informs them that they failed to validate the debt. Therefore, they do not have permissible purpose to run your credit. They must remove those inquiries or they are in violation.
484825
I found this answer on a web site and included the link:\n\nOpen account: 3 years from the last payment or last charge for goods or services rendered on the account.\n\nWritten contracts (non-UCC): 5 years.\n\nSale of goods under the UCC: 4 years.\n\nVirginia Judgments: 10 years, and renewable (extended) to 20 years.\n\nForeign judgments: 10 years.\n\nI am not sure how up to date or reliable this source is.\nI have also included alink to the Federal trade commission site. They are the agency that oversees fair debt collection practices.
566385
I agree with the first person. The do not call list. However, it will not stop calls from any company that you have done business with or collection calls. \nThe only way to make those stop is to tell the company when they call to remove you from their call list. For collection calls, tell them you do not wish to be contacted by telephone again.And also send them a certified letter telling them the same thing. \nAfter that if you still recieve calls from one of those companies you can report them and they could be fined. I think there is more information on the donotcall site.\n\nGood Luck!
460941
From what I understand and have been told by people who have been charged with it the state to avoid would be Nevada.They have a zero tolerance law and they can convict you for that.That is the only place that I have heard of.
277452
Depends on what that office is sharing with your family members and if the person calling the houses is in fact not a lawyer and advising them that they are.  If they are collecting their own debt then they do not have to follow all the rules of the "Fair Debt Collections Act".  If they gave any info on your debt such as what it is for and the amount that you owe than they can be penalized.  Not sure what you can do but consult a lawyer.  Read up on the Act and you can get more info for yourself.  All the family members and friends have to do is to request that they never call them again and if they do then go futher and send a certified letter advising them to not call that way they have a copy of who signed for the letter and then you know that they recieved it.  Be sure to have them keep a copy in their files.  Then you have more leeway and may be able to have your debt cleared because of harassement.  But if you do owe the debt just call them and make the most minimal pmts.
298852
Never pay a collection agency if it can be avoided. If you can negotiate payment with the original creditor then do so. If the OC will no longer work with you for payment and you must go to the collection agency then you will want to write them a validation letter requesting they validate the debt. Basically proving to you that you have a contractual and legal obligation to pay them. If they have proven that you must pay them by providing validation (not just a copy of your current mailing address and a copy of a bill from the OC)then negotiate for a settlement.
983913
It is very easy to get a collection agency to stop calling, you simply send them a letter telling them to do so. Send them a C&D (cease and desist letter). Simply write: "In line with my rights under the FCRA, please do not contact me again in any way, shape, or form regarding this debt". If they contact you again - by phone or mail - they are breaking the law.
485012
Okay, most of you have no idea (or only a partial) idae of what your talking about. First things first, Yes they must give you there actual address end of story, failure to do so contsitiutes violation of the FDCPA. Now about cease and desist letters and forwarding. A cease communications letter (CC) simply states that you do not want us to contact you again requarding the debt- you must state wether it si to be written, verbal or both. Otherwise it will be assumed it is verbal. This doesn't stop the collection activity, it simply means we cannot call YOU for information. We can call your family and nieghbors to get information- But we can only call them once, and only ask Where you live, your phone number and place of employment (POE). We can only call more than once if we believe they lied and can prove it. This is under section 805 of the FDCPA chptr 8.  We can only call you again to advise you of specific actions we are taking, ie a law suit. A CC doesn't cover any new account turned over, only old ones so everytime a new acccount comes you mest send another. \nCollection agencys will not just send out other accounts to competitors in the area, is inneffective- they will simply sue if they get the info, or abondon the accoutn if the balance is too small- but the biggents thing to remember CC letters make it so we must sue you to collect, and we can get ifo in a whole lot of diffrent LEGAL ways.
62553
What you describe is not racketeering.  The activities might be a violation of the California or Federal Fair Debt Collection Practices Act if the person is a "debt collector" collecting a "consumer debt" as defined in those laws.  Click on the links below for more information about your rights.\n\nEven if the actions are not specifically covered by fair debt collection laws, the actions still might constitute harassment under the general civil harassment statute in California.  Consult a local attorney for further advice.
663885
The Fair Debt Collection Practices Act specifically states that a debt collector may not make "The false representation or implication that any individual is an attorney or that any communication is from an attorney."
975925
Keep a log of the date and time when the collector calls.\n\nAfter you read the site listed below, you should send a letter by certified mail to the collector's business address. In that letter, state the following:\n\n"You are to cease and desist all further contacts with me, pursuant to the Fair Credit Debt Collection Act."\n\nYou will be given a receipt for the letter at the Post Office. That with a copy of the letter you wrote will be your proof that you notified the collector, in wrting, that it was in violation of the law.\n\nIf the collector continues after you recive a recipt that they got the letter, You can sue a collector in a state or federal court within one year from the date the law was violated. \n\nIf you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees can also be recovered. A group of people may also sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.\n\nYou must, however send the certified letter to the collector, and see whether they continue to violate the law.If possible, get a recorder for your phone. If the collector calls, you must notify them that you are recording the call for use in a lawsuit against them. State the date and time after you say this.\n\nThey would be extremely foolish to continue calling after that time, or otherwise contacting you, because of he lawsuit threat.
696253
First:  \n\nThese are your options: \n\n1. Change your phone number (easiest solution)\n2. Pay up. (not so easy) \n3. Use Federal Law to your advantage. (easy) \n\nWhat did I mean by use Federal Law? \n\nWell, \n          You as a consumer have rights my dear. One of them is that creditors are not allowed to harrass you. You can find this and much more right on this page:  http://www.expert-credit-advice.com/debt_collection_laws.htm \n\n\nIf you send a cease and desist letter; the collection agencies MUST CEASE AND DESIST (leave you alone!)  \n\nHere is a sample of what to send: \n\nDate:\n\nName Collection Agency\n\nAddress\n\nCity, State, ZIP\n\nRE: Account #\n\nDear Agency,\n                          You are hereby notified that your services are no longer desired. This is in accordance with the laws of the Fair Debt Collection Practices Act. \n\nThis notice has been delivered via certified mail, return receipt and is dated ___________________.\n\nYou and your company must cease and desist all attempts to collect the above debt. Failure to comply with this law will result in my filing a complaint with the Federal Trade Commission and my State Attorney General's Office. \n\nBe advised, that if any negative information regarding this debt is added to my credit reports after receipt of this letter, I will take all necessary action to protect my rights. \n\nRegards,\n\nSignature\n\nName \n\n\n\n\n                                  OR USE THIS ONE: \n\n\nName Of Creditor\n\nAddress\n\nCity, State, Zip \n\nRe: Account Number\n\nDate \n\nDear creditor/collector, \n\n                                       This letter is to formally advise you that I am requesting you to cease and desist all communications with me immediately regarding the above account. As a third party debt collector- that is- not the original creditor, you must comply. \n\nYour conduct thus far is unacceptable and borders on harassment. \n\nPlease be advised that the following applies to you.\nPursuant to the Fair Debt Collection Practices Act:\nDebt Collection Practices\n\nIf 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.\n\n\nYou are governed by this Act as a third party debt collector or creditor attorney. All communication with me including phone calls to my home or business must stop immediately.\nIf you continue to contact me after receiving this dated certified mailing, you will be in violation and I will file a complaint with the Federal Trade Commission and State Attorney General's Office. \n\nSincerely,\n\nYour name\n\nAddress \n\n\n              OR USE THIS FREE CREDIT REPAIR KIT\n\n  http://www.expert-credit-advice.com/free_credit_repair.htm\n\n\n\n         There are dozens of other letters you can use and unlike all the other websites out there, this one is 100% free. \n\nI suggest that anyone who reads this bookmark this page  http://www.expert-credit-advice.com/ because this site is loaded with answers to any credit or debt answer. \n\n\nIf the collection agency or creditor ignores the cease and desist letter, you should file a complaint with the FTC by clicking here: www.ftc.gov  \n\nDocument everything. \n\nSend only certified mail. \n\n\nThen sue them. You can be awarded up to 1% of the agencies net worth, which could be millions! \n\n\nGood luck and make it fun!
960089
They have to sue you first before they can "take" anything from you.  If they do sue and win, then it's up to the courts.  But any kind of threat or statement in saying what you are doing is illegal by not paying is a violation of the Fair Debt Collection Practices Act.  Read that act front to back.  It's dry reading but quite eye opening.
1140809
No. The new contract supercedes the previous contract. This is called a "novation." You were smart to exercise the 3 day cancellation clause. In your original contract, towards the end, there should be a clause in there that states that this new contract supercedes any other previous agreements. I would also contact the attorney general's office to have them look into this. Don't sweat it, they won't sue you. However, they'll try to get your credit. If this comes up, contact the credit agencies and tell them the debt is in dispute. You may have to hire an attorney at that point to clear things up, invoking your local "Deceptive Trade Practices" statute. . .btw, they usually have statutory attorney's fees built in.\nAlso, if they keep calling and harassing you, inform them that they are not to call you anymore. If they keep calling you, then they're under the "Fair Debt Collection Act." Under that Act, if you tell them not to call you, they have to stop and can only send you mail. \nGood luck!