Violations of the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a Federal law designed to protect you, the consumer. It clearly spells out the rights you have. It prohibits debt collectors from using dishonest and abusive methods of collecting money owed. If you communicate to the debt collector, in writing, that you wish for them to cease and desist further collection tactics, they are required by law to honor that request. In other words, once you have sent a collector a cease-and-desist letter, the collectors are required by law to stop any verbal communication with you. You also have the right to dispute any debt. Upon first contact to you by a debt collector, that debt collector has 5 days to send you a letter stating you have 30-days to dispute the debt. If, within 30-days, you send a letter to the debt collector disputing the debt and requesting verification of the debt, the debt collector must cease all further collection activities until the debt is properly verified.

The following actions are illegal practices in attempting to collect a debt:

• A debt collector calls your work after you tell the collector not to call your work.
• A debt collector calls before 8 a.m. or after 9 p.m. in your time zone.
• A debt collector makes an excessive number of phone calls. (More than 1 call per day.)
• A debt collector claims to be an attorney or sends letters that looks like they are from a law office. (Unless that debt collector is actually an attorney.)
• A debt collector continues to contact you even after they have been made aware that you are being represented by an attorney.
• A debt collector tells someone other than you, your spouse, or your attorney that you owe them money.
• A debt collector misrepresents the amount of money owed, or the legal status of the debt.
• A debt collector fails to honor your request for them to cease communication to you.
• A debt collector gives false information regarding your credit.
• A debt collector threatens to garnish your wages or take your personal property. (This can only be done with a court order.)
• A debt collector uses obscene language.
• A debt collector threatens you, or your family.
• A debt collector does not give you a 3-10 day notice before cashing a check post-dated issued by five (5) or more days.
• A debt collector threatens you with criminal prosecution or tries to imply your committing a crime that you could be arrested for and go to jail.