If you have to deal with a debt collection agency, you understand the company will not stop hounding you until it gets what it wants.
Before 1977, third party debt collectors were permitted to use overly aggressive tactics to collect outstanding credit card and personal loan balances. Fortunately, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA).
The FDCPA specifies a list of prohibited bill collector practices, as well as allows consumers to seek monetary damages for one or more violations of the federal consumer protection law.
Although not a complicated to understand federal law, maximizing the protections granted by the FDCPA requires the services of a licensed consumer protection lawyer.
FDCPA Laws in Wyoming
As the most comprehensive consumer protection law, the FDCPA covers the rights granted to consumers living in each of the 50 states. However, each state has enacted FDCPA laws, many of which fill in the legal holes left by the original consumer protection law.
In Wyoming, debt collection agencies must strictly follow the provisions written into the Wyoming Fair Debt Collection Practices Act. One of the provisions of the Wyoming FDCPA stipulates that third party debt collectors have up to 10 years to pursue the collection of delinquent credit card and personal loan accounts.
The Wyoming mandated statute of limitations for debt collections is much higher than the average time a third party debt collector has to pursue outstanding consumer debts in other states.
Consumer Protections under Federal and Wyoming FDCPA Laws
Look at the federal FDCPA as an artist’s broad stroke of the brush, while the Wyoming version of the landmark consumer protection act fills in the lines that complete the painting.
Under the federal FDCPA, bill collectors are prohibited from calling consumers at home between the hours of 9 pm and 8 am. Wyoming has strengthen the phone call provision of the federal FDCPA by granting consumers the right to record phone conversation held with bill collectors.
This means you can time stamp an illegal debt collection agency phone call in Wyoming by taping the conversation.
In addition to the phone call provision of the federal FDCPA, third party debt collectors are also prohibited from threatening consumers. Threats can entail promising to take your property and/or claiming that unless you take care of a delinquent debt, law enforcement will come to your home and arrest you.
You are also protected against a bill collector that tries to collect a debt you already paid off or collect an amount that exceeds the original debt.
Under Wyoming Statutes 33-11-101 through 33-11-103, bill collectors must follow additional legal constraints in the pursuit of outstanding consumer debts.
Not only are you permitted to tape phone conversations with a debt collection agency that occur after nine at night and before eight in the morning, you also have the right to tape phone conversations that capture a third party debt collector using abusive language.
Considered a one party consent state, Wyoming allows you to tape record a phone conversation, without gaining formal consent from a bill collector.
Speak with an experienced Wyoming licensed consumer protection attorney today to ensure you receive all the rights granted by state and federal FDCPA laws.
If you believe that a debt collector is violating Wyoming FDCPA laws, you should seek the help of an FDCPA attorney. You may be able to seek up to $1,000 in damages for each violation of the FDCPA. An attorney will be able to help navigate you through the entire process.