FDCPA Violations (part 2)

As previously discussed, debt collectors often engage in collection practices which are strictly prohibited under Federal Law. This blog is one in a series of blogs which will list out specific actions on the part of debt collectors which are in violation of the FDCPA and other federal statutes regulating the debt collection practices. The following are some examples of limitation places on debt collection practices:

Harassment
(Debt collector can be a third party collecting on behalf of the original creditor or the owner of a loan who purchased a loan already in default from the creditor or another debt collector)

Debt collectors cannot use language, communication, or conduct that harasses any person.
This includes:

  • Using threats of violence or harm of person, property, or reputation.
  • Profane language
  • Repeated use of telephone with purpose to annoy.
  • Calling without identifying themselves.

Stopping Communication with Debt Collector
(Debt collector can be a third party collecting on behalf of the original creditor or the owner of a loan who purchased a loan already in default from the creditor or another debt collector)

  • A debt collector must stop contacting you if it receives a written request that it stop communication or a written statement of refusal to pay.
  • The debt collector may contact you one final time without demanding payment to state it intends to take specific actions against you.
  • If you are represented by an attorney, the debt collector must communicate only with your attorney.

FDCPA makes violators responsible for upto $1000 in statutory damages as well as attorneys’ fees. If you feel like you have been a victim of any of the aforementioned violation please contact us at (317)-614-5741 or Ali@SLlawfirm.com.