The Fair Debt Collection Practices Act (FDCPA)
A majority of the debt collection practices are unlawful – and you have rights that protect you from credit predators.
Anyone who has had their phones blown up with harassing debt collection calls understands the headache and stress that dealing with this can cause.
The Fair Debt Collection Practices Act (FDCPA) requires a debt collector to accurately validate the debt you dispute. Additionally, it prohibits the debt collector from engaging in many kinds of abusive or deceptive activities (15 U.S.C. §§ 1692). Under the FDCPA, a collection agency cannot legally engage in any of the following activities:
Communications with third parties. – A debt collector cannot contact other people except to locate you. If a debt collector is emailing you at a work email address that someone else might have access to or leaving voicemail messages at home that others living with you might hear.
Communications with you. – Debt collectors cannot contact you at an unusual or inconvenient time or place (i.e. before 8 a.m. and after 9 p.m. or at work).
Harassment or abuse. – A collection agent cannot engage in conduct that would naturally harass, oppress, or abuse you.
False or misleading representation. – Debt collection agencies cannot legally fail to disclose in their first written communication or oral contact exactly who they are and what they are aiming to collect. They cannot falsely represent themselves as law enforcement officers, attorneys, or a false business.
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