Debt Collection Compliance

Pacific Collection Group is a member of the California Association of Collectors and ACA International.  We adhere to strict ethical standards.  If your account was assigned or purchased from a Collection Agency it's important to know you have rights.  You also may be able to settle your account, set up a payment arrangement, or work with the agency to resolve the account. 

 

Where to start? See our Blog, Q&A below, and some key protections you have when you are communicating with collectors.  We've provided a searchable copy of the "Fair Debt Collection Practices Act"  below as well as some other protections you may have.  

 

Please note that the format of the text differs in minor ways from the U.S. Code and West’s U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code.

This list does not contain a full list of your rights but many are included.  
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Fair Debt Collection Practices Act

I didn't sign a contract. Is a signature required?


The answer is yes, in many cases however, for others, no. The same conditions apply to unwritten verbal agreements as do the written agreements. Both are legally enforceable contracts between you and the creditor. Oral agreements have their own stature of limitations in your individual state.




I didn't receive a bill or notice from the creditor prior to receiving a collection notice.


The creditor is not required by law to let you know it's referring your account to a collection agency. There are rare exceptions to this rule. We do not collect on these rare exceptions. Any company can use the services of a third party collection agency to notify you of the delinquency.




Can I work this out with the creditor directly?


Legally, once the debt has been assigned to the collection agency, it is the collection agency that is entitled to receive all payments. The collection agency becomes the "owner" of the debt you owe. The collection agency is responsible for collecting the debt and is the only one who can agree to payment terms. The creditor is barred from communicating with you regarding the account once we take the claim.




I believe I don't own the bill. What do I do?


If you believe you do not owe the bill, or if the bill has already been paid, send us a written explanation along with copies of receipts, cancelled checks and any other information to back up your claim. It is important to send your letter within 30 days after your first contact from the collection agency. Once we receive your dispute letter, we must stop further attempts to collect the debt until we sends you written verification to show that you do owe the bill and that the amount of the bill is correct. If you are questioning only a part of the bill, we may not continue to collect on that part until we has provided verification, but you must make arrangements to pay the rest of the bill.




How do I file a complaint?


If you feel, after reading this information, that your rights have been violated by our company or you have been mistreated by an employee, you can file a formal complaint by filling out a form on our website. You should always try to work out any problems with the collection agency directly as outside party complaints can extend the resolution of the complaint and account. Filing false complaints that are untrue could result in legal action and swift enforcement of your account. The collection process can be frustrating but maintaining a civil and calm attitude will help ensure your complaint is handled swifty and courteously. Please contact our compliance department to see if we can assist before filing a complaint on our website.




How can I get the original creditors contact information?


You must request the name and address of the original creditor in writing per the FDCPA (Faird Debt Collection Practices Act 15 U.S.C. § 1692). Legally, once the debt has been assigned to the collection agency, it is the collection agency that is entitled to receive all payments. The collection agency becomes the "assignee of record" on the debt you owe. The collection agency is responsible for collecting the debt and is the only one who can agree to payment terms. The creditor is barred from communicating with you regarding the account once we take the claim. If we have purchased the debt than you will need to contact us regarding any information on the account however, we will provide with the original creditor's information if you request it in writing per the FDCPA (Faird Debt Collection Practices Act 15 U.S.C. § 1692). A copy of the FDCPA is listed above this F.A.Q.





 

Here is the full text of the actual law.

 

 

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