If you are one of the many who are finding it difficult to maintain monthly obligations, you should know what conduct by debt collectors is acceptable and what is illegal.
The Fair Debt Collections Practices Act (FDCPA) is a federal law that regulates the actions of collection agencies in collecting debts. It does not apply to the original creditor itself, but only to companies that collect on behalf of the original creditor. The FDCPA states that debt collectors cannot:
- Call you before 8am or after 9pm.
- Contact you at work, if you have informed the collector you cannot receive phone calls at work.
- Contact you if it has received information that you are represented by an attorney regarding that debt or for bankruptcy.
- Discuss your debt with another person except your spouse, but it can speak with third parties to obtain your contact information or to leave a message that it is attempting to contact you.
- Send a collection message by postcard or use any language or symbol on any envelope that indicates it is a debt collector.
- Use a false name or misrepresent that it is an attorney, is affiliated with the U.S. government, or is employed by a credit bureau.
- Use profanity or obscene language, threats of violence or harm to your person, reputation, or property of another.
- Call on the phone repeatedly with the intent to annoy, abuse, or harass any person at that number.
- Threaten to take any action that cannot legally be taken or that it does not intend to take.
- Send written communication that falsely represents that a lawsuit has been filed in court or that a document has been issued by a court, official, or agency of the government.
- Represent that legal process does not require any action by the consumer ("You don't have to appear in court").
- Falsely misrepresent the amount of the debt or add unauthorized charges to the debt.
Last, a debt collector must identify him/herself. If you have experienced any of these violations, write it down along with the date and time of the call, and the individual's name if it is provided. There are consequences to collection agencies that don't follow the rules.
Denise K. Aguilar is a local attorney whose Ahwatukee practice focuses in consumer and small business bankruptcy. Denise can be reached at 480-455-1881 or 602-252-4991.