The Federal Debt Collection Practice Act (FDCPA) allows different legal entities to oversee consumer debt collection and oversees the collection of debts. The FDCPA was created to ensure debtors are treated fairly and to ensure debt collectors don't misrepresent the debts that are owed to them by consumers.
The act specifies how consumers go about disputing debts and how debts must be validated when consumers do not believe they owe the debt that is in question. The FDCPA offers precise and detailed guidelines for debt collection practices.
Utah FDCPA Laws and How They Work
Utah residents are protected by the FDCPA, but for additional protection and guidelines, the Utah Fair Debt Collection Statute was passed. The additional laws require any debt collection agency, collection office, or collection bureau conducting business in the state be registered with the Division of Corporations and Commercial Code and have a bond of $10,000 on file.
he regular FDCPA regulations are in effect as well, which require debt collectors, to be honest, and not misrepresent themselves or debts when trying to collect. The laws also indicate that the debt collector cannot repeatedly contact the debtor an excessive amount of times or call between the hours of 9 p.m. and 8 a.m.
Also, the laws indicate that a debt collector cannot divulge information about your debts to any third party other than your authorized attorney.
Differences in FDCPA and the Utah Fair Debt Collection Statute
There are some additional protections offered by the Utah Fair Debt Collection Statute and specifics are clarified by the law. The statute indicates that the debt collector cannot threaten violence or any other criminal means that would result in harm to the individual or his or her reputation or their property.
The law indicates that the debt collector cannot threaten the debtor with legal proceedings that are not permitted for the particular situation. The court can also refuse to enforce any agreement that is believed to have been unconscionable at the time the agreement was made or it might enforce the agreement without the unconscionable clause.
If a consumer credit agreement or part of it has been deemed unconscionable by the court, the debtor can recover a penalty ranging from $100 to $5,000. The statute and FDCPA are very precise and clear in establishing guidelines for Utah debt collection practices and establishing the punishment for violating the guidelines that have been put in place.
Contact a Utah FDCPA Attorney
When you contact a Utah FDCPA attorney, you can put your mind at ease and leave the harassment of debt collectors behind. The law indicates that anyone represented by an FDCPA attorney can no longer be contacted directly. Instead, all correspondence and contact must be made with the attorney.
If the debt collector has violated the FDCPA, you can seek damages of $1,000 or more in civil court depending upon the infraction. You can stop the harassing phone calls and all the threatening letters by enlisting the help of an FDCPA attorney. Consult with a Utah FDCPA attorney today.