New Rules May Offer You More Protection Against Debt Collectors

New Rules May Offer You More Protection Against Debt Collectors

Dealing with debt collectors can be a real drag, especially if they’re constantly hounding you to pay up. The Fair Debt Collection Practices Act (FDCPA) protects consumers against harassment from debt collectors but the industry still generates millions of complaints each year. Fortunately, the Consumer Financial Protection Bureau (CFPB) has proposed new guidelines that shield debtors from abusive debt collection efforts.

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The Proposed Rules

New Rules May Offer You More Protection Against Debt Collectors

In July, the CFPB proposed a new set of rules aiming to completely revamp the debt collection market. The proposal is focused primarily on doing two things: limiting contact between debt collectors and consumers and making sure that collection agencies have accurate information before they try to collect on a debt.

The proposed rules are meant to alleviate some of the problems associated with the debt collection industry, which affects about 70 million Americans. Essentially, the CFPB wants to increase transparency and cut down on errors and inaccuracies. The agency’s proposed rules would require debt collectors to do the following:

  • Verify that they’re collecting the right debt. Debt collectors would need to make sure that they’re targeting the right person before trying to collect a debt. Specifically, they’d have to verify the debtor’s name, address, phone number, account number, date of default and the amount of debt that’s owed.
  • Limit how often they contact consumers. Instead of calling debtors repeatedly or flooding their mailboxes with letters, debt collectors would be limited to contacting them six times per week.
  • Simplify the dispute process. Consumers have the right to dispute a debt but the CFPB wants to take things one step further. Debt collectors would have to give as much information as possible about debts when sending out written collection notices. They’d have to include a form that consumers could mail in to dispute their debt.
  • Provide written verification. If a consumer mails in the form to dispute a debt, the debt collector would have to mail them a written debt report. The collection agency would be barred from pursuing the debt without sending out a report.
  • Review documentation of debts before trying to collect. Debt collectors wouldn’t be able to collect anything until they’ve reviewed the documents related to the debt. If a collector wanted to sue someone, they’d need sufficient evidence and documentation of the debt.
  • Notify other debt collectors of disputes. If a debt collector sells your debt to another collection agency after you’ve disputed it, the new collector wouldn’t be able to come after you before resolving the dispute.

Related Article: The Worst Ways to Deal With a Bill Collector

When Would the New Rules Go Into Effect?

New Rules May Offer You More Protection Against Debt Collectors

The proposed rules need to be reviewed by small business leaders and industry experts before they can be implemented. But if the CFPB successfully pushes them through, they could go into effect in 2017. In the meantime, you’re still covered by the FDCPA.

In case you’re not sure what your rights are, here’s a quick rundown of what debt collectors can’t do:

  • They can’t make false statements. A debt collector can’t give out false information about the amount of debt you owe or say that you’ve broken the law by falling behind on debt payments.
  • They can’t use unfair practices to collect. Debt collectors can’t try to garnish certain assets in order to cover your debts. For example, they can’t take a portion of your Social Security benefits, your workers’ compensation benefits or your Supplemental Security Income.
  • They can’t harass you. Debt collectors can’t threaten you or be verbally abusive. They can’t use profane or obscene language or call you repeatedly just to annoy you.

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Final Word

There is some opposition to the CFPB’s proposals. So we’ll have to wait and see what happens. In the meantime, if a debt collector has been hounding you or your feel that your rights have been violated, you can file a complaint with the Consumer Financial Protection Bureau.

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Freezing Your Credit

In the age of paperless transactions, identify theft is something that virtually all of us are susceptible to. If your identity is stolen, the consequences can be severe, and in some cases, can take years to recover from. One way to be proactive against fraud and defend yourself from identity theft, is to freeze your credit report with each of the three major credit bureaus—Experian, TransUnion, and Equifax. 

Placing a credit freeze on your credit report will stop identity thieves from being able to open new accounts, lines of credit, or make any large purchases in your name, regardless of whether or not they have your Social Security number or any other sensitive information. 

What a credit freeze means

A credit freeze is a process that shuts off access to your credit reports at your request. Without your verified consent, your delicate information cannot be acquired. This means that if someone were to attempt to apply for credit in your name, your report would come up as “frozen,” and therefore the creditor would not be able to see the information needed for the application to be approved.

You can unfreeze your credit at any time by using a PIN or a password. 

Reasons to freeze your credit

It might be a good idea to freeze your credit if you’re experiencing any of the following situations:

  • Your data has been compromised in a data breach: It happens. If you’ve been a victim of a data breach and personal information related to your identity has been leaked or made vulnerable to cyber criminals, a credit freeze can offer you some extra protection. 
  • You have reason to think you’ve been a victim of identity theft: Perhaps you’ve checked your credit recently and noticed open accounts that you don’t recognize. Maybe you’ve been getting phone calls from collections agencies requesting payments from accounts you know you didn’t open. While a credit freeze won’t be able to stop them from using accounts a thief has already opened, it can stop them from opening any more. 
  • You want to protect your child from identity theft: According to the Economic Growth, Regulatory Relief and Consumer Protection Act, parents and legally guardians of children 16 years old and younger have the right to open a credit account for their child with the sole purpose of putting a freeze on it to protect them from identity theft. 

How to freeze your credit 

The process of freezing your credit is simple but does require a few steps. You will need to get in touch with each of the three major credit bureaus one by one and request a credit freeze:

  • Experian: Contact by phone at 800-349-9960 or go to their website.
  • Equifax: Contact by phone at 888-397-3742 or go to their website.
  • TransUnion: Contact by phone at 888-909-8872 or go to their website.  

The credit bureaus will ask you for your Social Security number, your date of birth and other information to verify your identity.

Once you freeze your credit, your file will be unattainable even if a thief has sensitive information such as your social security number or date of birth. If you need to use your credit file, you can unfreeze your credit report at any time. 

How to unfreeze your credit

Once you’ve frozen your credit file, it will be remain blocked until you decide that you would like to unfreeze it. You will need to unfreeze your credit report in order to open a new line of credit or make a major purchase. 

Unfreezing your credit file is simple. All you will need to do is go online to each credit bureau website and use the personal identification number (PIN) that you used to place the freeze on the account. If you don’t want to complete this task online, you can also unfreeze your credit file over the phone or through postal mail. 

When the unfreezing process is done online or by phone, it is completed within minutes of submitting the request. However, if you send your request via mail, it will take much longer. 

Keep in mind that you don’t necessarily need to unfreeze your credit through all three of the major credit bureaus if you don’t want to. For instance, let’s say you plan to apply for credit somewhere. You can ask the creditor which credit bureau it will go through to pull up your report, and only unfreeze that one credit bureau. 

You may also have the option to unfreeze for a specific amount of time. Once the time is up, your credit file will automatically freeze again. 

Credit freeze pros and cons

There are a few reasons why you might want to freeze your credit in this day and age, but just like with anything else, there are pros and cons to credit freezing. Here is a general breakdown of the benefits and downfalls of putting a freeze on your credit report:

Pros:

  • It prevents thieves from opening new lines of credit: With a credit freeze placed on your account, no one will be able to open a new line of credit or any other type of account requiring a credit check using your personal data. Anyone trying to commit fraud will be stopped in their tracks as soon as lenders notice that the report is frozen. 
  • It won’t affect your credit score: Freezing your credit report will not damage your credit score. Additionally, if you’ve been a victim of identity theft, freezing your credit report could actually protect your credit score from being damaged due to fraud. 
  • It’s free: It used to be the case that some credit freezes would cost a fee, but that is no longer the way it works. 

Cons

  • It requires some effort: Putting a credit freeze on your credit report takes some effort. You will need to get in touch with all three credit bureaus. 
  • You will need to remember your PINs: A PIN is required to lift or freeze your credit report. If you lose it, you will need to jump through extra hoops to create a new one.

It can’t stop thieves from accessing your existing accounts: Credit freezes can only stop fraudsters from opening new accounts using your information. If you’ve already been a victim of identity theft, a credit freeze can’t block thieves from committing fraud with your current accounts. This means that thieves can still make a purchase using a credit card they stole from you.

Freezing Your Credit is a post from Pocket Your Dollars.

Source: pocketyourdollars.com

By: Sirenbliss

Horrible experience with a radio station. I owed a 100 dollar bill, and got overwhelmed financially. I am not sure how to handle them now because — the debt, a year old now — is trying to be recovered by someone at the radio station who is calling associates of mine trying to find my name and number … people have been contacting me telling me the collector verbally stated that I owe them money and are trying to collect. Anyway — I am exhausted. Because its a business debt its not protected under the FDCPA. Does anyone know what other protections might be available to me legally? I am contacting an attorney to have them write a cease and desist letter for defamation. Thanks … any thoughts would be appreciated

Source: credit.com

How Your Credit Score Impacts Your Financial Future

Your credit score is a numerical reflection of your credit history. The score is given as a 3-digit number between 300 to 850 and is an indication of how creditworthy you are. You can get both your credit report and credit score from Annual Credit Report.Com. Generally, a higher credit score increases your credibility to […]

The post How Your Credit Score Impacts Your Financial Future appeared first on Credit Absolute.

Source: creditabsolute.com

Tips for purchasing the best wine when using your Amex Offer

At the virtual TPG office, there’s been a lot of discussion about wine recently — and not just because the first two weeks of the year have been, well, a lot. No, the real reason we’re talking about wine every morning is the spate of credit card offers for wine delivery. For more TPG news …

Source: thepointsguy.com

A college student debunks these 5 credit card myths – The Points Guy

Editor’s note: This is a recurring post, regularly updated with new information. In the movies, college kids are always seen applying for their first credit card on a whim after not being able to cover an expense, such as spring break (this is how The Points Guy, Brian Kelly, got started). Not surprisingly, they end …

Source: thepointsguy.com

In Conversation With Michael Rangel, Bank Novo’s CEO.

Small businesses and freelancers need a banking app tailored to their needs. Michael Rangel understands those needs and has some insightful thoughts on small business banking.Small businesses and freelancers need a banking app tailored to their needs. Michael Rangel understands those needs and has some insightful thoughts on small business banking.

The post In Conversation With Michael Rangel, Bank Novo’s CEO. appeared first on Money Under 30.

Source: moneyunder30.com