FDCPA Violations (part 1)

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:

Limitations on How a Debt Collector Can Contact You
(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 cannot tell family, friends, neighbors, or co-workers about your debt or that they are trying to collect a debt from you.
  • A debt collector cannot contact you before 8 a.m. or after 9 p.m.
  • A debt collector cannot contact you in places that are inconvenient for you, such as your place of work if you are not permitted to receive personal calls during work hours.

False Statements and Threats
(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 collection agencies cannot use false statements or threats when attempting to collect a debt. This includes:

  • Claiming they are an attorney, government representative, or that they work for a credit bureau.
  • Claiming you have committed a crime or stating you will be arrested if you do not pay.
  • Misrepresent the amount or legal status of the debt.

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.