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FAIR DEBT COLLECTION PRACTICES ACT
If you owe money, you may be unpleasantly surprised by a call from a debt collector. Debt collectors are allowed to request that you pay the debt; however, they can’t treat you in inappropriate ways. If a debt collector is abusive towards you, he or she may be in violation of the Fair Debt Collection Practices Act, or FDCPA. Contact Newport Consumer Law Group immediately to find out what your rights are if you think a debt collector has abused you or otherwise violated the FDCPA.
Unwanted Calls
The FDCPA prohibits debt collectors from harassing you with excessive phone calls. There are several provisions of this law that debt collectors must follow:
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Debt collectors must call only at reasonable hours. In general, this means they may not call between 9 p.m. and 9 a.m.
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Debt collectors may not call an excessive number of times per day or make calls too close together. In most cases, they may call two or three times a day with several hours in between calls.
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Debt collectors may not call you at work if you ask them not to.
Disclosure Requirements
Debt collectors must disclose at the beginning of a call or in a voicemail that the call is an attempt to collect a debt. They may not disclose any additional information to anyone other than you without your express permission and may not leave details about the debt on voicemail.
For example, a debt collector cannot tell your sister that you owe $400 or leave you a voicemail saying your payment is 45 days delinquent. Debt collectors also may not ask unrelated third parties to pay the debt. They can only ask for your current contact information.
Prohibited Acts
It is against the law for debt collectors to abuse or threaten you. Prohibited behaviors include:​
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Cursing, yelling, calling you names or otherwise verbally abusing you.
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Threatening you with physical abuse.
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Making threats the debt collector cannot legally carry out. For example, a debt collector cannot threaten to have you arrested.
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Debt collectors can only threaten legal action if they have the right to pursue it.
How We Can Help
If you have been treated inappropriately by a debt collector, document the experience. Write down exactly what happened, including what the debt collector said and how you reacted.
As soon as you have everything written down, contact your attorney to find out what your next step is. In some cases, you may need to file a complaint with the FTC, while in other cases you may need to file a civil lawsuit. It’s important to talk to an attorney who is familiar with FDCPA in order to get the best possible protection against debt collectors. Please contact us for help with debt collection problems.
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