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FDCPA Restrictions

 

What Restrictions Are Imposed On Collection Agencies By The FDCPA?

The FDCPA restricts debt collectors from engaging in conduct including the following:

Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. Co-signers to the debt, however, may be contacted by the debt collector;

Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;

Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contat before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;

Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;

When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;

Using obscenity, racial slurs or insults;

Sending letters which appear to have come from a court;

Seeking collection fees or interest charges not permitted by your contract or by state law;

Requesting post-dated checks with the intention to prosecute if they bounce;

Suing in courts far removed from your place of residence;

Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;

Using false claims to collect information about the debtor, such as pretending to be conducting a survey;

Threatening you with arrest if you do not pay the debt.



 

 

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