Debt collection is the process by which a person or entity who is owed money or property seeks payment for the debt. Debt collection may be performed by the person or entity who is owed the debt (the creditor), or may be performed by a third-party debt collector hired by the creditor to collect the debt on behalf of the creditor. Sometimes creditors sell the debt to another entity at a discounted value, and the entity that purchases the debt becomes the creditor.
Debts that are often the subject of debt collection efforts include (1) credit card debt; (2) car or auto loan debt; (3) medical debt; (4) student loan debt; (5) unpaid utility and telephone bills; and (6) personal loan debt.
If you owe money, you have a legal obligation to repay it. But state and federal laws—such as the Fair Debt Collection Practices Act—prohibit debt collectors from using deceptive or abusive tactics to collect the debt.
In Tennessee, debt collection is regulated by both state statutes and federal law. The federal Fair Debt Collection Practices Act (FDCPA) provides a framework that protects consumers from abusive, deceptive, and unfair debt collection practices. Under the FDCPA, debt collectors are prohibited from engaging in harassment, making false statements, or using unfair practices to collect a debt. They are also required to validate the debt if requested and follow specific guidelines when communicating with debtors. Tennessee also has its own laws that govern debt collection practices, which work in conjunction with the FDCPA. These laws may include statutes of limitations on how long a creditor has to collect a debt, as well as regulations on how and when a debt collector can contact a debtor. For example, Tennessee Code Annotated § 47-18-104(b)(22) prohibits deceptive acts or practices in the conduct of any trade or commerce, which would include debt collection. It's important for debtors to know their rights under both federal and state laws, and if they believe a debt collector is violating these laws, they may consider consulting with an attorney for guidance and potential legal action.