New Jersey Fair Debt Collection Practices Act Handbook

State:
Multi-State
Control #:
US-DCPA-23
Format:
PDF
Instant download

Description

This handbook describes the Fair Debt Collection Practices Act (FDCPA) and discusses how to negotiate with debt collectors and creditors. The handbook is divided into 4 sections. Section 1 briefly describes how consumer credit got started. Section 2 describes how to deal with debt collectors. Section 3 provides a detailed overview of the FDCPA. Finally, Section 4 is a journal for you to use to document your communicatioins with debt collectors.

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FAQ

This becomes very confusing for merchants because New Jersey currently has no licensing law that specifically applies to debt buying or collecting agencies on the books, However, the court decision, clearly states you can't engage in any of debt buying or lending activities as a consumer lender or sales finance company

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity.

New Jersey consumers, like those in all states, are protected by the Federal Debt Collection Fair Practices Act. The law has restrictions for when and how debt collectors can contact consumers, and also has protections against deception and harassment by creditors.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection

What are the provisions of the FDCPA?Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.

The FDCPA broadly defines a debt collector as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or

- Promote consistent State action to protect consumers against debt collection abuses. - Debts regularly for other institutions in which it is related by Common Ownership (Affiliates).

The creditor or the debt collector still can sue you to collect the debt. The Fair Debt Collection Practices Act prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt.

More info

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New Jersey Fair Debt Collection Practices Act Handbook