It can be stressful to be in debt. Aside from watching your hard-earned money go to others, dealing with debt collectors can cause you significant anxiety and worry. These concerns are part of the reason Congress created the Fair Debt Collection Practices Act (FDCPA). The FDCPA restricts the methods debt collectors can use to collect money from debtors. Despite the FDCPA, some debt collectors violate its provisions. When violations occur, they can lead a court to impose sanctions and penalties against the debt collector. Please keep reading as our FDCPA attorney outlines the most common violations.
1. Excessive, Harassing, or Abusive Phone Calls
The FDCPA keeps debt collectors from attempting to contact you before 8:00 a.m. or after 9 p.m. If you have communicated to the debt collector that they are not permitted to contact you during work hours, they must also abide by this restriction. Finally, the debt collector cannot use abusive or harassing language when speaking with you.
Debt collectors can also violate the FDCPA if they make excessive phone calls to a debtor. There is no set number of times a debt collector may call. Therefore, if you receive repeated phone calls from the same number throughout the day, you should consult with an FDCPA attorney about your rights.
2. Misrepresentations and Threatening Illegal Actions
Some unscrupulous debt collectors attempt to intimidate debtors into paying their debts by using false or misleading information. The collector may hold themselves out to be an attorney or even a member of law enforcement. Or they may threaten to take specific actions, like imprisoning a member of the debtor’s family, when such activities are illegal.
No matter how successful such tactics may be for some collectors, the FDCPA prohibits their use. States’ criminal laws may also prohibit some of these tactics.
3. Disclosing Your Debt to Others
A debt collector may contact your employer, family members, and credit references you provided if they have not been able to speak with you and are looking for you. However, they cannot disclose information about your debt to these third parties. The only people with whom the debt collector can discuss the debt include:
- Your attorney or representative
- The creditor and the creditor’s attorney
- The credit bureaus
- A co-signer to the obligation
Otherwise, the debt collector can only inquire if the person on the other end of the line knows you and knows how to contact you.
After a Violation, Seek Help from a Qualified FDCPA Attorney
You and your FDCPA attorney may bring a suit against a debt collector who violates the FDCPA. In addition to statutory damages for violations, you may be able to recover compensation for any physical or emotional harm the violation caused.
If you believe a debt collector has violated your rights, speak with the Law Offices of Kenneth Hiller, PLLC. Our FDCPA attorneys take a personalized approach to ensure they fully address your concerns and protect your rights.
Schedule a free and confidential consultation with our office today.
