Debt collectors are very famous for crossing the lines and violating the federal laws in their attempts to obtain payment. They will use their most scary and intimidating tactics to recover payments from you. In most of the cases, people are not aware of the legal restrictions applicable during collections and that’s why they end up being harassed by the creditors and the collection agencies.
Following are the possible violations of the FDCPA:
- When a collection agency is contacting a third party, they have to identify themselves with their business. If they don’t tell you the name of their company for whom they are doing the collections, it is a violation of the law. They are only required the collect the contact information of the person on whom they are doing the collections.
- Debt collectors cannot discuss about your debts with the third parties. If they try to give your personal information or disclose your debt details, it is a violation of the law.
- Collection agencies are allowed to contact the third party once only, unless they are requested to be called again.
- Collection agencies cannot contact you after you are being represented by an attorney. If they are try to call you after receiving the power of attorney from your lawyer, it is a violation of the FDCPA.
- Collection agencies are allowed to call between 8 am and 9 pm, your time. They are not allowed to contact your place of work or home after you have sent the partial cease and desist letter and requested communication in writing only.
Following cases are considered to be harassment or abuse:
- Debt collectors harass, oppress, or abuse any person
- Threat of Force or criminal means to harm you or your property
- Using profane language
- Calling repeatedly
- Calling you without disclosing identity (“I am a debt collector attempting to collect a debt”)
- Most of the collection agencies violating the laws are famous for presenting false and misleading information to recover the payments from the consumers. They will attempt to collect more than what is owed. In certain cases, they will use scary and intimidating tactics like they are calling from the federal bureau or the attorney’s place and if the payment is not done, they will take you to the jail, or garnish wages. Don’t be afraid if they are threatening to sue you. They are trying to blow hot air.
This entry was posted on Thursday, October 16th, 2008 at 4:02 pm and is filed under Collection Agency, Creditors, Debt. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.
Nice article. Here is an information article from the FTC on the same topic–
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
This lawyer also has a nice list of prohibited debt collector actions–
http://www.jahlaw.us/PCenter2.shtml?focus=topic&id=4
I believe contact with third parties (i.e., family members, neighbors, employer) is limited to attempts to locate the debtor. They may not disclose or imply that a debt is outstanding.
Until last month I have always paid my bills and credit cards on time. I am not working and have gone through my savings and am now behind on bills. I have two credit card companies that have been contacting me several times a day and everyday. One company calls every hour and different numbers and the other is using an 800 number that pops up as my stepsons name not as a company. Is this legal? I have already called them and told them that I am unable to make a payment right now. What can I do?
I am writing to voice a complaint against Chase bank they are calling me in regards to my son’s account with them he is 32 yrs old and do not reside with me they are calling numerous times 7:34 8:47 10:57 12:46 7:30 8:15 8:40
I want to know if what my rights are and how to stop these call I have not talk with them nor do I feel I should because it is not my responsibility nor should I give any information I asked my son to call them
Are auto reposession agents allowed to repeatedly show up at place of employment, come into office as they are looking for auto that is to be repossesed? Auto is currently broken down & being worked on by a friend of a friend & i do not know where it is right now. i told the agent as much & he said he will come by my place of work every day
I was recently turned over to a collection agency. When I contacted them willing to work something out they wanted either the full amount or at least $500 to do a settlement. I offered to work something out with them because I want to make this right. They refused to work anything out and said they will pursue further action. I even said that I would be willing to pay off the full amount if they work something out with me. Can they do this? I am trying to do the right thing!
i have debt collectors knocking my door for a debt from a previous address im now unemployed and cant afford to pay anything at all what if they get a court order what can i do dont have enough money to live on as it is do i have to offer a payment or can i make them wait until i get a job