- One of the biggest limitations put in place by the FCEUA is restrictions on when debt collection calls can take place. Pennsylvania law now prohibits debt collection agencies from calling you between 9 p.m. and 8 a.m. as well as any contact after you retain an attorney and make that fact clear; these restrictions can, however, be lifted upon court order.
- Pennsylvania law is very clear that the proceedings in your debt collection case are between you and your creditors. If debt collectors contact third parties in attempts to recover debt from you, they cannot reveal the fact that you owe debt. Collectors may only use third parties to confirm where the debtor is. If sending you mail, collectors aren't allowed to send postcards; they have to send letters in an envelope that has no markings about owed debt.
- The FCEUA also governs how debt collectors treat you and ensures that you are not unfairly harassed past the point acceptable for someone who has debt. Collectors may not use foul language or threaten physical harm. Creditors cannot threaten legal action or make you believe you have committed a crime.
- Consumers who feel their rights have been violated by creditors should contact the Pennsylvania attorney general's office and should also consider retaining their own personal attorney. The state may intercede on your behalf, but if not, you are welcome to file a lawsuit against your collector. According to Wolf, Baldwin & Associates, a violation of the FCEUA qualifies as a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, which can result in a fine of up to $5,000 per violation.
- There is a certain length of time that a creditor has to collect on a debt, and it varies depending on the state. For Pennsylvania, the statute of limitations on "open accounts" (credit cards usually qualify under this heading) is four years. Creditors have four years if the agreement was a written contract. Winners of a U.S. court judgment have five years to collect.
Limiting Contact
Confidentiality
Unacceptable Contact
Violations
Statute of Limitations
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