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Common Debt Collection (FDCPA) Violations |
The Fair Debt Collection Practices Act
prohibits a wide range of unlawful
collection methods that third-party debt
collectors use often in their attempts to
collect debts. A debt collector may have
violated the Fair Debt Collection Practices
Act if the collector commits one of the
following infractions:
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Contacts you at any time or
place that is inconvenient. Inconvenient times
are typically considered to be between the hours
of 9:00 p.m. to 8:00 a.m.
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Contacts you if the debt
collector knows that you are represented by an
attorney regarding the debt.
-
Contacts you at your place of
business if the debt collector knows that your
employer prohibits such communication.
-
Communicates further with you
after you tell the debt collector that you
refuse to pay the debt or that you wish the debt
collector to stop further collection efforts
(except to write one more letter to you).
-
Threatens the use of violence
against you, your reputation, or your property.
Uses obscene or profane language.
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Threatens to publicize your
name as a person who owes a debt.
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Contacts you via telephone
excessively with the intent to annoy, abuse, or
harass you.
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Falsely implies that he or she
is an attorney, or falsely implies that any
communication is from an attorney.
-
Falsely threatens that
non-payment will result in arrest, imprisonment
or seizure, garnishment of wages, or sale of any
of your property.
-
Communicates with you by
postcard.
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While acquiring location
information from someone other than the consumer
debtor (like family members, neighbors, or
employers) states that you owe a debt.
-
Communicates with your
neighbors or family members about your debt.
There are many more examples
of third-party debt collector Fair Debt Collection
Practices Act violations. Generally, if it just does
not seem fair what a debt collector has done or is
doing to you, it probably is not and the activity is
a violation of the FDCPA.
These are some of the steps that
you can take to eliminate improper collecting
activities:
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Keep every written
communication sent to you from debt collectors,
including the envelopes.
-
Take detailed notes of every
conversation you have with debt collectors; sign
and date them.
-
Most states permit the
recording of telephone conversations with debt
collectors, including Minnesota.
Click here for
a list of states that permit recording telephone
conversations with one-party consent.
-
Keep recordings of voice
messages from debt collectors, especially if the
message does not sound “right” to you.
-
Have others in your household
write down what debt collectors have disclosed
about your debts to them; sign and date the
writings.
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Hire me to represent you and
prosecute your FDCPA claims.
Links For Debt Collection Abuse
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