What Constitutes Abuse of the FDCPA?

The FDCPA or Fair Debt Collection Practices Act was added to section 15 U.S.C. § 1692 of the Consumer Credit Protection Act in 1978 under Title VIII of the prior mentioned piece of legislation. The purposes of the FDCPA involve the elimination of abusive consumer debt collection practices by collection agencies and/or collection attorneys. The act also provides consumers with an avenue for disputing and/or validating that debt information about them.

The most common and significant violations usually stem from abusive and harassing phone call and letter tactics.

The following is a list of the 15 violations of the FDCPA and is basis for a claim against the entity that has violated the act. Collection agencies or collection attorneys cannot:

1. ask you to pay an amount over and above what you actually owe
2. demand that you pay expenses, fees, or interest that is not legally your responsibility
3. call you continuously or repeatedly demanding that you pay the debt
4. use abusive, obscene, or profane language when discussing the debt with you
5. call you before 8 in the morning or after 9 at night
6. call you at times that you have already informed the debt collector are inconvenient for you
7. use violence or threaten to use it if you do not pay the debt
8. threaten any type of action that most likely will not be taken
9. illegally inform any 3rd party regarding your debt unless those 3rd parties are specified under [15 USC 1692c] § 805(b) of the FDCPA
10. continually or repeatedly contact a 3rd party in an attempt to gain more information about you – exceptions can be found under [15 USC 1692b] § 804(1)
11. attempt to contact you at your place of employment if you have informed them that your boss or employer does not approve of this
12. fail to send you a written notice validating the debt in question
13. continue to attempt collecting a debt from you once you have sent them a demand for verification of the debt
14. make any collection attempts prior to sending you the validation notice regarding that debt
15. continue any collection activities once you have sent them a written “cease and desist” letter or notice

What constitutes abuse of the FDCPA in telephone collection?

Section 806 of the FDCPA prohibits debt collectors from engaging in any conduct that is intended to “harass, oppress, or abuse” anyone in connection with the collection of a debt.   Examples of prohibited conduct include:

• threatening violence against your, your family or friends
• threatening criminal prosecution if you don’t pay a debt
• threatening to smear your reputation
• using curse words
• publishing your name on a list of delinquent payers
• calling you repeatedly to annoy or harass you
• call you on the telephone without identifying himself or the company he works for

If you feel that your FDCPA rights have been violated by any of the above 15 violations, you should consider hiring an experienced FDCPA attorney to present your case and file your claim against the debt collect. Please feel free to contact us for assistance with your circumstances or to ask further questions regarding the matter.