The Fair Debt Collection Practices Act (FDCPA), more commonly known as FDCPA, refers to the federal law that outlines how debt collectors can behave when collecting a debt from you. There are specific actions that debt collectors cannot take. If you need to refer to the law to verify whether a debt collector is acting unlawfully, citations have been provided.
01 of 15 – Demanding Payment of More Than You Owe
A debt collector cannot misrepresent the amount you owe. They cannot say that your balance is higher than it actually is. You have the right to request that the external debt collection agency send proof of the debt and the amount they are claiming you owe. Make this request in writing.
02 of 15 – Demanding Payment of Unlawful Fees or Charges
A debt collector cannot add any additional fees or interest that are not permitted in your original credit or loan agreement.
03 of 15 – Repeated or Continuous Contact
Repeated contact by debt collectors is considered harassment. You can stop debt collector calls by sending a written request for them to cease communication.
04 of 15 – Use of Profane or Abusive Language
The use of such language is considered harassment.
05 of 15 – Contacting You Before 8 AM or After 9 PM
Contact times depend on the local time zone. Contacting outside of allowed times is considered harassment.
06 of 15 – Contacting at Specific Times When the Collector Knew or Should Have Known It Would Be Inappropriate
This may include weekends, holidays, or other times you specifically informed the collector not to call you. Calls at inappropriate times are considered harassment.
07 of 15 – Using or Threatening Violence if You Do Not Pay the Debt
Debt collectors cannot threaten you with violence. Such threats can violate more than just debt collection laws.
08 of 15 – Threatening Actions That They Cannot or Will Not Take
Debt collectors cannot threaten to sue or bring charges against you, garnishing wages, seizing property, causing job loss, or ruining your credit if the collector cannot or does not intend to take that action.
09 of 15 – Illegally Informing a Third Party About Your Alleged Debt
Unless you give explicit permission, debt collectors are not allowed to inform anyone else about your debts except:
- Your attorney
- The creditor
- The creditor’s attorney
- A credit reporting agency
- Your spouse
- Your parent (if you are a minor)
10 of 15 – Repeatedly Contacting a Third Party for Your Location
A debt collector may only contact a third party once unless they have a reason to believe that the information previously provided was inaccurate.
11 of 15 – Contacting You at Work Despite Your Employer’s Disapproval
A debt collector is not permitted to contact you at work if you have informed them that your employer does not approve of such calls. A debt collector is also not allowed to inform your employer or colleagues that they are debt collectors.
12 of 15 – Failing to Send Written Notice to Verify the Debt
Within five days of initial communication from the collector, they must send you a notice including the amount of the debt, the name of the creditor, and a notification of your right to dispute the debt within 30 days.
13 of 15 – Ignoring Your Written Request to Verify the Debt and Continuing Collection
A collector cannot continue to collect the debt after you have made a written request for verification as long as the request was made within 30 days of the collector’s written notice.
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From 15 – Continuing collection attempts after receiving a notice to cease communication
If you have submitted a written request to stop communication from the collector, they may contact you one more time by mail to inform you of one of the following: that further attempts to collect the debt have been terminated, or that the collector may take some actions, or that the collector will definitely take some actions.
Source: https://www.thebalancemoney.com/debt-collector-fdcpa-violations-960603
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