What Debt Collectors Can't Do

 

 

 

 

 

 

 

 

 

 

 

 

Illegal Debt Collection Practices Covered By The Fair Debt Collection Practices Act (FDCPA)

 

Harassment

Debt collectors may not harass, threaten, oppress or abuse you or any third parties they contact for the purpose of collecting a debt. The following tactics are illegal:

 

• Threatening violence or harm

• Publishing your name on a list of people who refuse to pay their debts  (they can, however, give this information to the credit reporting companies)

• Using obscene or profane language

• Annoying you with repeated phone calls

• Calling you at work if the collector has reason to know the employer does not permit such calls

• Calling you before 8:00 a.m. or after 9:00 p.m.

 

 

False Statements

Debt collectors may not lie in their attempt to collect a debt from you. The following tactics are illegal:

 

• Falsely claiming that they are attorneys or government representatives

• Falsely claiming that you have committed a crime

• Falsely claiming that they operate or work for a credit reporting company/agency

• Falsifying or misrepresenting the amount of debt you owe

• Lead you to believe that papers they send you are legal forms if they aren’t

• Stating that you will be arrested if you don’t pay your debt

• Stating that they will seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so

• Stating legal action will be taken against you, if doing so would be illegal or if they do not intend to take actually take legal action

• Falsifying credit information about you to anyone, including a credit reporting company/agency

• Mail or deliver anything to you that looks like an official document from a court or government agency if it is not

• Use a false or fake company name

 

 

Unfair Practices

Debt collectors may not engage in unfair practices when they try to collect a debt. The following tactics are illegal:

 

• Attempting to collect any interest, fees, or other charges on top of the amount you owe unless the contract that created your debt or your state law allows these charges

• Depositing a post-dated check before the date you specified on the check

• Take or threaten to take your property unless it can be done legally through the terms of your original debt agreement

• Contact you by postcard or any piece of mail that identifies your debt on the outside packaging

 

 

Illegal Debt Collection Practices Covered By The Telephone Consumer Privacy Act (TCPA)

 

• Calling your cell or smart phone in an attempt to collect a debt utilizing a autodialer/robocaller without an existing business relationship (ex: prior customer, submitting credit application, etc.