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Fair Debt Collection Practices Act Violations

The Fair Debt Collection Practices Act places restrictions on when and how debt collectors can contact you. A "debt collector" is a third party (like a collection agency) that attempts to collect moneys owed to someone else. Note that the Fair Debt Collection Practices Act does not apply to the original creditor-these restrictions are only for third party collectors. Some of the key restrictions placed on debt collectors include:

• Restrictions on when they can contact you: they can't call you before 8:00 a.m. or after 9:00 p.m.;
• A prohibition on contacting you directly at all, if they know that you're represented by an attorney and have means of contacting the attorney, unless the attorney fails to respond;
• A requirement that the debt collector stop contacting you if you advise them in writing that you refuse to pay the debt or that you wish them to cease communications. There are certain exceptions to this requirement-the debt collector may contact you after such notification to:
  • Advise you that debt collection efforts are being terminated; or
  • Notify you that the debt collector or creditor may invoke specified remedies that are generally invoked, or that the debt collector or creditor intends to invoke a specific remedy;

Additionally, debt collectors may not engage in harassment or abuse, including:

• Use or threat of physical violence or other criminal means to harm you, your reputation, or your property;
• Use of obscene or profane language;
• Publication of a list of those who allegedly refuse to pay debts (except within certain parameters, such as reporting to consumer reporting agencies
• Advertising a debt for sale as a means of coercing payment;
• Calling or engaging a person in conversation repeatedly with the intent to annoy, abuse or harass any person at the called number.

Debt collectors are also prohibited from making false, deceptive or misleading representations in connection with the collection of any debt. Some common examples of debt collector misrepresentations that are prohibited by the Fair Debt Collection Practices Act include:

• Misrepresentation of the character, amount or legal status of a debt;
• The false representation or implication that the individual is an attorney or that any communication is from an attorney;
• The representation or implication that non-payment of a debt will result in arrest, imprisonment, garnishment, or seizure of property, unless such action is legal and the debt collector or creditor intends to take such action;
• False representations regarding the impact of sale or transfer of the debt;
• Use or distribution of any document that simulates a document authorized by any court, official or agency of the state or federal government;
• Failure to make required disclosures;
• Use of fictitious names

Finally, debt collectors are generally prohibited from employing unfair practices, such as:

• Collection of any amount, including fees and interest, not expressly authorized by the agreement creating the debt or permitted by law;
• Solicitation of a post-dated check for purposes of threatening or instituting criminal prosecution; depositing or threatening to deposit any post-dated check or payment instrument prior to the date on said instrument;
• Causing charges to be made to any person for communications by concealment of the true purpose of such communications, including collect calls and telegram fees
• Taking or threatening to take property which cannot be taken legally, or which the debt collector does not intend to take;
• Communicating information regarding the debt through the mail in a manner that can be viewed by third parties, such as on a postcard or through language or symbols on the outside of the envelope.

Debt collectors are also required to provide you notice of the amount of the debt, the name of the creditor to whom the debt is owed, and notice that you may dispute the debt in writing within thirty days.

Violations of the Fair Debt Collection Practices Act give rise to civil liability. The Act is also enforced by the Federal Trade Commission. More information on filing a complaint with the Federal Trade Commission is available at www.ftc.gov. And if the violations relate to debts discharged in bankruptcy, NCBLC can help you enforce your discharge and pursue damages-fill out our free case evaluation form right now!

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