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Dont Let Your Small Business Fall in the FDCPA Trap

When someone owes your small business money, you certainly feel like a victim. But did you know that if you aren't careful, you could break the law by trying to get the money back?

How to Break a Federal Debt Collection Law

You have a small business, and your bills are coming due soon. You could easily pay those bills if a few thousands dollars of overdue invoices were paid. It's time to give your clients a few friendly reminders:

1] You call up the biggest debtor at his home number. The debtor's girlfriend answers and you leave the message that you were just calling to remind her husband about the invoice you had sent last month.

2] You get into an argument over the phone with the next debtor. In the heat of the moment, you say you're referring the debt to you attorney--when in reality, you know you can't afford to do that.

3]It's getting late--in fact, it's already after 9pm. But you know that debtor number 3 tends to stay up quite late, so it's practically midday for him. So, you cheerfully give him a call and remind him about the invoice of a couple of months ago.

Congratulations, you may have just broken a federal law three separate times. Plus, you could be sued for it.

Collections Laws Finer Points

Have you figured out what collections law you broke yet? It's the Fair Debt Collections Practice Act (FDCPA), the federal law for collections. Meant to protect consumers from harassment, it has a clear list of things you can't do. Let's look at what you did wrong in the last example:

- Never tell someone other than the debtor that you are calling about a bill. You can, of course, leave a message that you called. You can even call someone simply to find out if they know if a hard-to-reach debtor has moved house. But you cannot under any circumstances let on that they owe money. Simply leave your name and phone number as with any other "call me back" telephone message.

-Never claim to be involving an attorney when you are not. Of course, this might seem like a soft area of the law, since intentions are fuzzy. But, for instance, if it's clear that suing to recover the debt would cost as much as the debt itself, your bluff will be obvious in retrospect. To be on the safe side, don't ever claim to have involved your lawyer.

-Never call before 8 am or after 9 pm, unless you have the explicit permission of the debtor. But unless that permission is in writing, you're safer not calling during those hours, anyway. Of course, it's not strictly this simple.

For instance, the law is only supposed to apply to consumer collections, not business collections. But with home business and telecommuting blurring the line between work and home, you're better off following the law's dictates in every case.

Plus, the law has numerous other protections for debtors--or traps for collectors, depending on your point of view. This is just one reason why you might want to outsource your over-aged accounts receivables to a professional service.

If you want to learn Collection Laws, then visit http://www.debt-collection-laws.com for the latest information on debt collection laws and collection agency regulation.

In The News:

NASA launched a spacecraft Tuesday night on a mission to smash into an asteroid and test whether it would be possible to knock a space rock off course if one were to threaten Earth. The DART spacecraft, short for Double Asteroid Redirection Test, lifted off from Vandenberg Space Force Base atop a SpaceX Falcon 9 rocket.
The federal government is embarking on a new attempt to explain the unexplainable.
NASA's Double Asteroid Redirection Test (DART) mission, the world's first planetary defense test mission, is scheduled to launch early Wednesday morning.
The historic November 2021 partial lunar eclipse stunned viewers around the world on Thursday night.
A partial lunar eclipse will take place on Thursday night and into early Friday.
A prosthetic-tailed dolphin named Winter that starred in the "Dolphin Tale" movies died Thursday evening at a Florida aquarium despite life-saving efforts to treat a gastrointestinal abnormality, aquarium officials said.
Four astronauts returned to Earth on Monday, riding home with SpaceX to end a 200-day space station mission that began last spring.
If you don’t want to believe tech companies at face value, take your privacy into your own hands
A U.S. survey of astronomers puts the search for extraterrestrial life at the top of their to-do list for the next 10 years.
National Aeronautics and Space Administration's (NASA) Hubble Space Telescope is in safe mode yet again.
Climate change may impact the production of corn (maize) and wheat as early as 2030, according to NASA researchers.
Humans introduced a new life form to outer space on Friday as NASA astronauts harvested the first ever chile peppers onboard the International Space Station.
The Northern Lights may be visible just in time for Halloween.
On Thursday, the sun released a significant solar flare toward Earth, peaking at 11:35 a.m. EDT, scientists say.
A good cleaning goes well beyond just the screen. If that’s all you’re focused on, you’re making an expensive mistake that could take years off your TV’s life.
The scale presented contains seven levels that NASA said are "reflective of the winding, complicated staircase of steps that would lead to scientists declaring they’ve found life beyond Earth."
The San Diego Zoo Wildlife Alliance announced Thursday that two female critically endangered California condors had successfully hatched eggs without the help of male condors.
NASA is now targeting February 2022 for the launch of its powerful Space Launch System (SLS) rocket.
The U.S. military launched three suborbital rockets this week from NASA's Wallops Flight Facility in Virginia.
As cooler temperatures move over the eastern U.S., the West is forecast to see heavy rain and mountain snow, including what's known as a "bomb cyclone" near the Northwest.

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