What are Debt Collectors Prohibited from Doing?
The Fair Debt Collection Practices Act (FDCPA) was established to protect consumers from the abusive tactics often used by debt collectors. Unfortunately, many individuals do not know their rights, so they fall victim to the abuse and do not seek help. Below are a few of the actions debt collectors are prohibited from taking:
A debt collector cannot harass, threaten or abuse you in attempting to collect money from you. This means that they cannot threaten violence, use profane language, or repeatedly contact you in an effort to annoy you into paying the debt. The collector also cannot threaten to publish your name on a list of individuals who refuse to pay their debts.
A debt collector must be truthful with you when attempting to collect a debt. Examples of lies they cannot tell include:
- Misrepresent that they are a lawyer or representative of the government
- Misrepresent that you are guilty of a crime by not paying your debt
- Falsely claim that they own or work for a credit reporting company
- Claim you owe more than you actually do
- Make misrepresentations regarding the documents they send you
- Claim that you will be arrested if you do not pay your debt
- Threaten to repossess or file liens against your property if they cannot do so lawfully
- Threaten to file a lawsuit against you if they cannot do so lawfully or if they do not intend to do so
- Provide false credit information about you to anyone
A debt collector must act fairly in dealing with consumers. One of the most common examples of an unfair practice used by debt collectors is attempting to collect interest, fees or other charges in addition to the amount you owe, when not allowed by law or under contract. Another example of an unfair practice occurs when a debt collector deposits a post-dated check early.
If you are being harassed by a debt collector, let us help. Fitzgerald Campbell handles debt collector harassment cases on a “contingency fee” basis, which means you pay us nothing unless we are successful! There is no charge to you for us to represent you. If we win, we will get paid. If we lose, we will not get paid. It is that simple. The law provides that if your case is successful, the creditor or collector will pay your reasonable attorney fees. Call us today toll free at 866-927-8289 or contact us online to schedule a free initial consultation.