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Most Common FDCPA Violations
The FDCPA is in place to protect consumers against abusive debt collectors, but sadly many people don't use it to protect their basic rights. Of all the debts collected or assigned nationally across the board, only a small percentage will ever take any action against a debt collector. Most don't realize they can and others are intimidated by the idea or think they need lawyer representation to do so. Taking action against a debt collector is a civil action. It's something you CAN do on your own and you can win damages. Filing erroneous suits is illegal but if you have a real case against a debt collector then by all means consider your options. The most common questionable actions by debt collectors Repeatedly call a third party about you. A debt collector can contact a third party once unless they believe the information they were given the first time was false. Contacting you at hours of inconvenience. Normally a collector can contact you after 8 a.m. and not after 9 p.m. Calling you at work. If the collector has reason to believe or you've told them you cannot be contact at your job then they must cease any contact there. Simply draft up a letter to the collector and advise them that you cannot be contacted at work under any circumstances. If they continue to do so after you've told them in writing, then they have violated the FDCPA. Reporting a vehicle as stolen because of late payments. Under no circumstances does a default on your car loan mean you stole it - as a means to report it to law enforcement. If you've failed to make payments then a legal repossession is the creditors right. Leading you to believe that you must discuss the debt with them or take their calls. If you do not want to be in contact with a debt collector then that's your right. It doesn't wipe away the debt but it's your right to refuse to speak with debt collectors. Reselling a debt to another collection agency fully knowing it is expired or in dispute. Collectors will often resell the debt to another party if they've exhausted all efforts and realized the statute of limitations is expired. If you've already been through this process with them and proven the debt is expired and therefore not legally enforceable then don't let them get away with selling it. That's harassment. Leading you to believe you have no reason to request a validation of debt (VOD). There's nothing in the FDCPA that says you have to give the collector a reason to validate the debt. It's your right. (VOD needs to be sent off after you've been initially contacted by the collector in order to initiate the VOD under the FDCPA.) If they refuse to validate the debt, then they cannot collect & action could be taken on your part for a FDCPA violation. A debt collector trying to represent himself as an attorney. No one can claim they are a law firm or attorney unless they are. Collection agencies and collection attorneys all have to follow the FDCPA. Attorneys are NOT exempt. Ignore cease and desist notices: debt collectors must cease contact with you if they've been informed by you to stop. You need to put the request in writing to preserve your rights. Send it with a return receipt and keep a copy. If the debt collector contacts you again other than to advise you of their intent to take action, then they are violating the FDCPA. Collectors often advising you of your right to VOD in their first notice but then within that 30 days, demanding payment. How can they demand payment before the 30 days has elapsed? They can't. If a collector calls you and demands payment within 30 days of their initial letter to you, then that's a violation of the FDCPA. Telling others about your debt or disclosing information about it. A collector can't call your job and tell your human resources lady that they need your work information (wages, schedule) because they are going to garnish you. If a valid suit was filed by them and a garnishment was delivered then that's the course of action - not a collector asking preemptively for the information so they can sue you. Doing so is misleading and false. Using false information to intimidate you. A collector cannot pretend to have case numbers and fake lawyers. Often times, debt collectors will use tactics like this to scare a debtor into paying. It's a clear violation of the FDCPA to use false or misleading information as a means of intimidation. Failing to provide you with a mini Miranda on the debt. A debt collector must state in their communication with you that they are attempting to collect a debt and any information given to them will be used for that purpose. The mini Miranda should be on every communication you get from a debt collector. Sending out past due letters on postcards or revealing envelopes. A collector can not reveal your personal business on the outside of an envelope for the world to see. For example, marking "past due" or "collections" on the outside or using a postcard that anyone can read. Impersonating an officer of the law or claim they can throw you in jail for not paying your debt. Remember to always consider what you're getting into when dealing with debt collectors. Always check consumer protection laws as well as your own state laws. Whats legal in one state may not be in another. For example, garnishments. Read the FULL Fair Debt Collections Practices Act (Opens in PDF) |
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