Basics: The FDCPA

There is a special set of restrictions that applies only to consumer debt collectors— third-party collection specialists collecting a non-business debt. These restrictions are collected in the Fair Debt Collection Practices Act: 


PROHIBITED CONTACT

Other than credit reporting, debt collectors can only contact consumers and their spouses about the debt. Even so, debt collectors may not contact consumers:

1. At an unusual or inconvenient time or place
2. Once they’ve been directed to the consumer’s attorney
3. At work if the consumer tells them not to
4. After the consumer has in writing asked the collector to stop or told the collector it won’t pay the debt

REQUIRED INITIAL LETTER

Debt collectors must send consumers a letter with some basic information on the debt within five days of first contacting them. This letter must state:

1. The amount of the debt
2. The name of the creditor
3. The “mini-Miranda:”
   1. 1. That the creditor will validate the debt if requested to within 30 days
      2. That the creditor will provide the original creditor’s name and address if requested within 30 days (if different than the collecting creditor)
      3. That the debt is presumed valid unless disputed within 30 days

NO HARASSING

Debt collectors cannot harass, oppress, or abuse consumers. Some examples of harassment are:

1. Calling the consumer without identifying themselves as debt collectors
2. Annoying the consumer by calling repeatedly
3. Threatening violence
4. Swearing
5. Publishing the consumer’s name in a list of debtors
6. Publicly advertising the debt for sale

NO DECEPTION

Debt collectors cannot mislead or deceive consumers. Some examples of deception include:

1. Misrepresenting the amount, character, or legal status of a debt
2. Not telling the consumer that they are trying to collect a debt
3. Faking a connection with a government or reporting agency
4. Pretending to be somebody else
5. Lying about being an attorney
6. Threatening illegal action
7. Telling the debtor they have committed a crime to embarrass them
8. Lying about whether a document is or isn’t part of a lawsuit

NO UNFAIR ACTS

Debt collectors cannot be unfair or unconscionable with a consumer. These are the most shocking of abuses. Some examples are:

1. Collecting a debt that does not exist
2. Threatening to take their property without right
3. Charging the consumer fees for communicating with them
4. Contacting the consumer by postcard
5. Writing their name as a debt collector on the outside of envelopes
6. Almost anything involving post-dated checks— ask an attorney!

If you see any activity like this, please discuss the possibility of hiring a consumer attorney!

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