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Communication guidelines under the FDCPA

On Behalf of | Aug 2, 2019 | Creditors' Rights |

The word “harassment” is often thrown around quite liberally when it comes to debt collections. Many in Dallas may understand that they legitimately owe on their debts; they just do not like to be reminded of it. You (as a business owner) have every right to collect what is owed to you; at the same time, you do not want your reputation damaged by those who you have to pursue for outstanding debts. A question that is often posed to us here at Palmer & Manuel PLLCB by clients in your same position is what does the law dictate when it comes to communicating with those that owe your company money? 

To adequately answer that question, you must be familiar with the Fair Debt Collection Practices Act. This is a federal law that serves to not only protect consumers’ (debtors’) rights, but also guide the collection efforts for creditors. While many may view any contact made by creditors as harassment, according to the FDCPA, your debtors can indeed be contacted in regard to their liabilities within reasonable hours and through the proper channels. According to the Federal Trade Commission, “reasonable hours” means anytime between 8:00 am and 9:00 pm, and “proper channels” is typically limited to a debtor’s personal phone number (your debtor cannot be contacted at their place of business unless they have given permission to do so). 

Your debtors may indeed ask that they not be contacted, but even in that scenario, communication may be made stating that you may invoke specific remedies in order to collect the debt, and when such a remedy is indeed commenced. You can learn more about your rights as a creditor by continuing to explore our site.