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You must be aware of the key contrast between Arizona’s Fair Debt Collection laws and the FDCPA. For example, Arizona law requires every creditor to secure a license in order to conduct collection efforts within the state. Other laws include providing a debt collector five days after first contacting a debtor to give them a decent written notification informing them of the following:<\/span><\/p>\n\n- The total amount owed<\/span><\/li>\n
- The original creditor’s name whom the debtor owes money<\/span><\/li>\n
- A written notice informing the debtor that they are given 30 days from the date of receipt to dispute the amount in concern. They also have the opportunity to get responses and validations within 30 days of submitting the inquiry.<\/span><\/li>\n<\/ul>\n
In accordance with FDCPA, a violation of Arizona’s consumer debt collection practices are criminal in nature. An offense is considered Class 1 misdemeanor. (Ariz. Rev. Stat. \u00a7 32-1056) If you are a debtor, you cannot sue the collection agency if it violates Arizona state law. Instead, you must take legal action for the violation to the district attorney’s office. In case the creditor agency violated the FDCPA, you can still sue them for monetary damages. If they are proven guilty beyond a reasonable doubt, they may face fines, incarceration, license suspension, and probation for several years.<\/span><\/p>\n<\/span>Who are Categorized as Debt Collectors under the Arizona Law?<\/b><\/span><\/h3>\nArizona Law defines “collection agency” in an entity “engaged” in collecting financial debts, including anyone who collects debts arising from the conduct of the person’s own organization but collects payments from customers under a different name. Attorneys, real estate brokers, attorneys, and title companies are exempted from some parts of the federal law.<\/span><\/p>\n<\/span>How are Debtors Protected Under the FDCPA?<\/b><\/span><\/h3>\nThe FDCPA protects the rights of the debtors in a lot of ways. While we cannot actually prevent the collectors from going after individuals, the FDCPA governs the conduct of creditors on how they are permitted to collect the debts. When collecting debts from debtors, creditors do not have complete freedom or authority. They must follow the rules and procedures that have been established.<\/span><\/p>\nIn general, Arizona debt collection legislation adheres to the FDCPA principles. Creditors continue to be regulated and constrained by the same rules and regulations that most other states follow. Creditors in Arizona, for example, are still restricted from calling debtors too early in the morning or too late at night. Furthermore, they must still introduce themselves while phoning, or risk fines from the Federal Trade Commission.<\/span><\/p>\n<\/span>What Debt Collectors Can Do?<\/span><\/span><\/h2>\n<\/span>Request a payment on an expired debt<\/b><\/span><\/h3>\nEvery unsecured obligation, such as medical debt and credit card debt, is subject to legal limitations. You cannot be sued for payment after the date has passed and the debt has expired. You do, however, owe it. Debt collectors may continue to pursue payment.<\/span><\/p>\n<\/span>Pressure you<\/b><\/span><\/h3>\nWhile debt collectors are not permitted to threaten or use abusive language when attempting to collect debts, they are allowed to put you under pressure during the collection process. This includes phone calls, letters, and discussions of filing a lawsuit. All of them are permissible as long as they adhere to legal standards.<\/span><\/p>\n