Debt Collector Violations: Your Rights Under the FDCPA

Posted: Feb 02, 2011 |Comments: 0 |

The debt collection industry is a disorienting maze for nearly anyone in its grasp. Rampant consumerism serves as fuel for a collections industry that rakes in billions every year. Unfortunately, those billions are often obtained via harassing and unlawful tactics. So where does this leave consumers? Though debtors are obligated to repay most debts, they still retain certain rights under the Fair Debt Collections Practices Act (FDCPA). Here's a breakdown of common questions and the main limits placed on debt collections tactics under the FDCPA:

Can a collector call me at work?

It is unlawful for any collector to call you at your place of employment if they have reason to believe that it jeopardizes your job. Collectors must stop calling you at work if they are notified that your employer does not allow personal calls.

Collectors continue to call early in the morning and late at night, is this lawful?

No. Under the FDCPA, debt collectors cannot call before 8:00 am or after 9:00 pm in your time zone. If you want the collector to quit calling you, you must write them a cease communication letter stating that they may no longer call you.

Can a collector call others in order to get in contact with me?

Though a debt collector may call a third party in order to verify your contact information, they cannot reveal their identity as a debt collector. They are also barred from contacting a third party if they have any reason to believe that your current contact information is correct. Collectors may not call you or anyone else to get your contact information if they know that a lawyer represents you.

What if a collector is threatening me or pretending to be someone they're not?

Collectors may not threaten any action that they cannot legally take. For instance, if a collector is threatening to sue, but does not have a lawyer on staff or is not a lawyer, they cannot sue. Common collection tactics include using guilt, pressure, and even outrageous threats. Unscrupulous collectors have even gone as low as threatening to take a debtor's children, throwing the debtor in prison, threatening physical violence, and using obscene language. Collectors cannot garnish Social Security Income or other protected income. They may also not misrepresent themselves as lawyers, or as government or other officials. All of this is illegal, and if the abuse continues, consumers should file a complaint with their state Attorney General against the collector. In some cases, the debtor may have grounds to sue the collector for up to $1,000 per FDCPA violation.

Owing a debt is NOT a crime in the US

Collectors may threaten to throw you in prison until they're blue in the face, and it will be of no use. Simply owing a debt is not considered grounds for imprisonment.

Prioritize debt

If you are so backed against a wall that you are in danger of losing your home or cannot put food on the table, you need to prioritize which debts get paid first. In general you should not compromise your home or health in order to pay a credit card bill.

What if I'm being contacted for a debt that's not mine?

If you are being contacted for a debt that you do not legally owe, you have the right to request proof to validate that the debt is indeed yours.

Though dealing with debt collectors is often a burden, arming yourself with knowledge and confidence is a great asset. To do so, learn more about the

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