Fair Debt Collection Practices Act violations (FDCPA)

The Fair Debt Collection Practices Act, or FDCPA, is a federal law that governs how debt collectors can act when attempting to collect a debt from you. A debt collector is limited in what he or she can do. Citations have been provided if you need to look up the law to see if a debt collector is acting illegally.

Request that you pay more than you owe

The collector is not allowed to lie about the amount you owe. They can't claim that your balance is better than it is. You have the right to request proof of the debt and the amount for which they are pursuing you from a third-party collection agency. Make a written request for debt validation.

Demand that you pay unallowable interest, fees, or expenses

The collector is not permitted to charge you any additional fees or interest that are not covered by your original credit or loan agreement.

Call Frequently or Constantly

Repeated phone calls are considered harassment under the FDCPA. You can ask debt collectors to stop calling you by writing to them.

Use Language That Is Obscene, Profane, or Abusive

Harassment is defined as the use of such language.

Call between the hours of 8 a.m. and 9 p.m.

Your call times will be determined by your local time zone. Harassment occurs when calls are made outside of the designated times.

When the Collector Knew or Should Have Knew It Was Inconvenient to Call

Weekends, holidays, and other times when you've specifically told the collector not to call you to fall into this category. Harassment is defined as calls made at inconvenient times.

If you don't pay the debt, use or threaten to use violence.

Collectors are unable to threaten you with violence. Threats may be in violation of more than debt collection laws.

Threatening action that they can't or won't take

When a collector cannot or does not intend to take action, such as garnishing wages, taking property, causing job loss, or ruining your credit, the collector cannot or does not have the authority to do so.

Informing a Third Party Illegally About Your Alleged Debt

Unless you give your permission, collectors are not allowed to tell anyone about your debt.

your legal counsel
the owed money
the creditor's lawyer
a credit reporting organization
your partner
your guardian (if you are a minor)

Call the third party to get your location information on a regular basis.

The collector is only permitted to make one contact with a third party, unless there is cause to believe that the information previously provided is false.

Make Contact With You at Work Knowing Your Boss Disapproves

If you've told a collector that your employer doesn't like these calls, they won't be able to contact you at work. The debt collector is also prohibited from informing your employer or coworkers that they are a debt collector. You can stop a debt collector from calling you at work by sending a written cease and desist letter.

If you don't give a written debt validation notice.

Within five days of receiving the collector's initial contact, you must receive a notice from the collector detailing the amount of the debt, the creditor's name, and your right to contest the debt within 30 days.

Continue to collect despite your written request for verification of the debt

If you make a written request to verify a debt within 30 days of receiving the collector's written notice, the collector is prohibited from continuing to collect on the debt.

Continue to collect the debt before providing proof

After receiving your written dispute and receiving verification, the debt collector must stop collecting on the debt.

After receiving a Cease Communication Notice, keep trying to collect

If you give a written request for the collector to stop communicating with you, the collector can only contact you once more, via mail, to let you know one of three things: