Learning More about Fair Debt Collection and FDCPA Violations

The Federal Trade Commission (FTC) has compiled a text concerning the Fair Debt Collection Practices Act. The following is an overview. 

Some of the findings concerning the Fair Debt Collection Practices Act include abundant evidence of abusive, deceptive, and unfair debt collection practices by quite a few debt collectors. This has all led to personal bankruptcies, marital instability, loss of jobs, and invasions of personal privacy.

A few rules that a debt collector must follow are that a debt collector is not allowed to contact a consumer regarding a collection of any debt. If a consumer notifies a debt collector in writing that the consumer either refuses to pay a debt, or that the consumer no longer wishes to have any form of communication with the debt collector, the debt collector is not allowed to communicate with the consumer except to let the consumer know that communication will be stopped. Also, a debt collector may not harass, oppress, or abuse any person in regards to the collection of a debt. A debt collector may not use false, deceptive, or misleading accusations in order to collect a debt. Basically, the law controls with whom they talk to and whom they do not.

FDCPA Violations 

In addition to the information above, these are a few violations of the FDCPA.

A debt collector can NOT ask the consumer to pay more than the owed amount. Collectors also cannot ask a consumer to pay interest, fees, or expenses that are not allowed by law. The collector cannot add on any extra fees that the original credit or loan agreement does not include. The FDCPA considers calling consumers repeatedly harassment. Also, collectors can NOT use obscene, profane vulgar, or abusive language as it is also considered harassment. Also, calling at times that the collector knew or should know are inconvenient is also considered harassment. 

Collectors can not use or threaten to use violence against the consumer if the consumer does not pay the debt. Collectors also can not threaten to sue or file charges against the consumer, garnish wages, take property, cause job loss, or ruin the consumer’s credit. Unless previously given permission, collectors can NOT inform a third party about a person’s debt. This includes: attorneys, the creditor, a credit reporting agency, or a spouse or parent. Also, a collector cannot repeatedly call a third party in regards to the consumer’s location.

The Fair Debt Collection Practices Act and the FDCPA Violations go hand in hand. Unlawful treatment by debt collectors is a serious issue that has been going on for a very long time. Unfair treatment and multiple types of harassment are extremely common among debt collectors towards the consumers. Thankfully, there are many options and many resources for those individuals who have been treated badly in the past. Consumers must know their rights and collectors must respect boundaries, but this is rarely how it works. Many times consumers are misinformed and collectors do not bother shedding light on the subject for the consumer.

Hopefully, you will never be in a position in which you need the legal services of a debt collection harassment attorney, but in the event that you do, please give Hoag Law Firm a call  or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced Tampa personal injury attorney at your side, you can recover the largest possible settlement and get back to living your life.


Recent Posts