The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to protect borrowers against unfair and abusive collection practices. However, many debt collectors still engage in illegal acts in an attempt to collect money. Some of these practices may include:
- Contacting 3rd parties such as friends, relatives, or employers, unless to do so is for the sole purpose of locating you and does not reveal any other purpose for the contact. (few exceptions apply, such as spouse or parents, if debtor is a minor)
- communication at odd or inconvenient times, such as before 8:00 am or after 9:00pm in the time zone you live (if you work graveyard or 2nd shift and sleep during the day, than 8am thru 9pm hours may be inconvenient)
- Calling you at your job if the collector knows or has been notified that you cannot take calls at work and/or calls can effect your employment
- Contacting you if you are represented by an attorney (unless attorney does not respond to the debt collector)
- Use of obscenities or insults
- Calling you over and over again
- Calls without disclosing their identity
- Making misleading statements such as their letters carry legal weight
- Misrepresentation that an attorney wrote their letters or that an attorney is involved if one is not
- Threats, threatening arrest
- Threatening to take legal action if none is intended
- Not disclosing in their communication that they are attempting to collect a debt
- Misleading statements that would lend the debtor to think that the collector is part of the government
- Sending a communication, such as a letter, to the debtor and then marking the outer envelope indicating that they are an attorney
If you have been a victim of these unscrupulous collection practices, please contact us.
It is very important that you clearly document all communication, whether it be by mail, telephone, or other medium. Repeated violations and multiple incident documentation strengthens any case we may have against the creditor. Documentation should include, at the very minimum:
- Who you spoke to (first name, last name, employee id #)
- When you spoke to them (exact date and time)
- What was said
- What was requested
- Save all letters and correspondence, including the envelope (which includes the postmark date and place)