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20.02.2023What Do the New Debt Collector Rules Will Mean for You
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What Do the New Debt Collector Rules Mean for You
By Sean Pyles Senior Writer | Personal financial, debt Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet’s «Smart Money» podcast. In «Smart Money,» Sean talks with Nerds on the NerdWallet Content team to answer the questions of listeners about their personal finances. With a particular focus on sensible and practical money tips, Sean provides real-world guidance that can help consumers better their financial lives. Beyond answering listeners’ money concerns on «Smart Money,» Sean also interviews guests outside of NerdWallet and creates special segments to explore topics such as the racial gap in wealth as well as how to get started investing and the history of college loans.
Before Sean took over podcasting at NerdWallet, he covered topics concerning consumer debt. His writing has been featured throughout the media including USA Today, The New York Times and elsewhere. When when he’s not writing about personal finances, Sean can be found digging around the garden, taking runs and walking his dog for long walks. He lives in Ocean Shores, Washington.
Nov 30, 2021
Editor: Kathy Hinson Lead Assigning Editor Personal finances, credit scoring managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team director of design and editing. Previous experience included writing copy as well as news editing for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor’s in mass communications and journalism at Iowa’s University of Iowa.
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The process of dealing with third-party debt collection agencies can be a bit confusing and frightening. In the case of the more that 68 million U.S. adults with debt in collections, understanding their rights as a legal person is vital.
The Fair Debt Collection Practices Act is applicable to third-party debt collectorsthe ones who purchase a delinquent debt from an original creditor, as a credit card firm. A change to the rules on how the act is applied that went into effect in the latter half of 2021 changes the terms of engagement.
Certain amendments modernize the law and clarify how it is enacted. However, consumer advocates argue that other modifications don’t go as far or could result in unintended consequences.
>> MORE:
Know your rights
The FDCPA provides a variety of services , including:
The law restricts debt collection actions
Collectors must be truthful, including about details of the debt. They are not allowed to employ abusive language, make calls repeatedly in a harassing manner and threaten to use violence.
Collectors can’t ask for checks that are post-dated for purposes of threatening or initiating criminal prosecution. They can’t also collect more than the amount owed, or threaten to take property if they aren’t allowed to do so.
Information disclosures
Collectors of debts are required to send consumers an «debt verification letter» that provides important information such as the amount due and the name of the collection agency and the way consumers can dispute the debt.
Consumer rights
People can limit how and when they contact collectors and even tell that they should not communicate with them at all. In all other cases, the collector must honor the request.
If consumers doubt the details of a debt, they are able to contact the collector with a debt verification letter requesting more details beyond the confirmation letter.
New updates to FDCPA rules
Here are some of the changesthat went into the market in the latter half of 2021.
New communication options
Debt collectors are able to contact customers via texts, email and social media posts without prior permission from the consumer to make use of these channels. The messages must explain how the consumer can restrict the contact through these methods or request no communication.
The CFPB also limits the ways debt collectors may utilize these channels. A debt collector can’t communicate with a customer via social media when other users have access to the message, such as comments made public to or on an Instagram post. Collectors must also inform a consumer that they are a debt collector before sending a friend request. Additionally, the FDCPA’s limitations on communication with a consumer at times or locations that are not convenient is also extended to electronic channels such as social media.
Consumer advocates fear that collectors could send important information like the letter of debt validation to email addresses or social media accounts that aren’t being used.
«What consumers need to know is that it’s important for them to be proactive to opt out if they don’t want to receive any communications via text message or email,» says April Kuehnhoff an attorney on staff at the National Consumer Law Center.
She also notes, «If consumers start getting communications from a debt collector and you’ve not received the first notice regarding the debt, they should inquire about that information.»
New restrictions on collectors’ actions and disclosures
In the latter half of 2021, new rules from the CFPB concerning how debt collectors can disclose details about a debt as well as when they are allowed to mark the debt on a person’s credit report became effective. Additionally, new limitations were imposed on the actions that can be taken in relation to «time-barred credit,» which is for suing over the debt.
Particularly, when they initial contact regarding a debt Collectors are required to provide clear disclosures about the debt, the consumer’s rights around collection and the way they will respond to the debt collector. The information should be provided prior to the collector reporting the debt of a consumer to a credit reporting agency.
If a debt is beyond the statute of limitations, there is a CFPB ruling. CFPB clarifies that debt collectors are prohibited from suing or threaten to sue consumers in order to collect repayment of the debt. That said that debt collectors are still able to request payment from customers on the debt that is not yet paid, a sketchy practice that could lead to consumers accidentally restarting a » » and making them liable to a lawsuit.
What causes consumer advocates to be concerned about consumer advocates, and what you can do to help to do
Some people are worried that the changes aren’t enough and argue that some of the changes may actually weaken consumer protections. Here are two of the primary concerns:
Frequency of communications
The new update clarifies the definition of the term «harassing» the frequency calls from collectors — but it also could allow such harassment, advocates warn.
The new rules limit collectors to not calling more than seven times in a week per account. The rule prohibits calls within seven days following an exchange with a consumer. Consumers may also have multiple accounts within collections, resulting in a barrage of calls.
The one contact per day doesn’t cover text, email or social media channels, meaning users may be bombarded by messages. New rules allow «limited-content messages,» which could result in a proliferation of voicemails that do not count as «communications.»
«We have concerns about what this might turn out to mean, particularly for consumers who may, for instance, have several medical debts that are in collections» Kuehnhoff says.
What to do: If you think that you are being bombarded with messages You can request that the collector stop communication for all but the most rare occasions, like when legal action is threatened. This includes preventing communications through different channels.
No coverage for original creditors
The kicker with the FDCPA is that it only regulates third-party debt collectors — that is, a collector who doesn’t represent an original lender. A debt collector who is directly for the original creditor isn’t subject to these standards.
You can take action: Try to resolve the issue quickly regardless of the person they represent. It is possible to negotiate an arrangement for payment or settle for less than the amount originally owed.
Are your rights violated? Do you have a right to complain?
If your rights were breached or violated by the debt collector .
Dan Dwyer, staff attorney at the Federal Trade Commission, says consumers must provide as much identifying details about the person collecting their money as they can.
«Then please explain what the issue is in the clearest way it is possible to do,» he says.
The article originated from NerdWallet and was originally published in The Associated Press.
About the author: Sean Pyles is the executive producer and host of NerdWallet’s Smart Money podcast. His writing has appeared on The New York Times, USA Today and elsewhere.
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