Fair Debt Collection Practices Act

In addition to protecting consumers from harassment from debt collectors, the FDCPA also gives consumers the right to seek validation of the debt and have control over the type of communication the debt collector has with them. The FDCPA also says the debt collector must:

  • Identify themselves clearly as a debt collector every time they contact the consumer
  • If the consumer decides to seek the validation, the debt collector has to stop trying to collect the debt until they are able to verify this
  • Inform the consumer during the initial communication that any information that is provided will only be used for debt collection purposes
  • Mail out a written letter to the home address of the consumer within 5 days of first contacting them that identifies who they are, who they are collecting the debt for and how much is owed. Also, the letter must inform the consumer of their right to dispute the debt

The Fair Debt Collection Practices Act prohibits a debt collector from:

  • Contact the consumer and let their phone ring a senseless number of times ( FDCPA 15 U.S.C. 1692d)
  • Contact the employer of the consumer if they have been advised that calls are not accepted at work (FDCPA 15 U.S.C. 1692c)
  • Contacting the consumer before 8:00 am or after 9:00 pm or any other time that was provided as being inconvenient to the consumer (FDCPA 15 U.S.C. 1692c)
  • Inform someone other than the consumer that a debt is owed (FDCPA 15 U.S.C. 1692b)
  • Misrepresent any facts to the consumer, including how much debt is owed or what actions they plan on taking to induce payment ( FDCPA 15 U.S.C. 1692e)
  • Send any false information to a credit bureau ( FDCPA 15 U.S.C. 1692e)
  • Take part in any conduct that is abusive, harassing or oppressive ( FDCPA 15 U.S.C. 1692d)
  • Threatening to arrest the consumer or prosecute them criminally ( FDCPA 15 U.S.C. 1692e)
  • Use any language that is abusive, harassing or profane (FDCPA 15 U.S.C. 1692d)

If you believe that you have suffered from your rights being violated by a debt collector, please reach out to us so we can get you in contact with a proficient attorney.