What Is FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a Federal law that protects consumers from harassment and abusive collection tactics. The FDCPA applies to collection efforts that are employed by persons other than the original creditor "who regularly collect debts owed to others." Original credit institutions are not required to abide by the provisions set forth by the act.

Understanding the Fair Debt Collection Practices Act and letting collectors know that you understand your rights is often one of the most effective ways of dealing with collectors and their unsubstantiated threats.

Below are just a few FDCPA violation examples:

1. Contacting a debtor who is represented by an attorney.
2. Failing to warn a debtor that the communication is from a debt collector and that any information obtained will be used to collect a debt.
3. Failing to warn on all subsequent communications that they are from a debt collector.
4. Calling the debtor an unreasonable number of times daily or after they have been instructed to stop calling.
5. Using profane, foul, or obscene language.
6. Making racial, religious, or sexual slurs.
7. Yelling or screaming at the debtor.
8. Engaging in name calling.
9. Falsely threatening a lawsuit.
10. Falsely threatening to ruin a debtor’s credit.
11. Threatening criminal charges, prosecution, or jail.
12. Pretending he or she is calling from a government agency, police department, or court.
13. Pretending the collector is an attorney or calling from a law firm.
14. Falsely threatening a wage garnishment.
15. Contacting the debtor’s employer and discussing the debt with a supervisor or co-worker.
16. Leaving artificial or pre-recorded messages on the cell phone of the debtor or another person.
17. Contact a debtor’s relative or neighbor to discuss or disclose the debt.
18. Threatening violence.
19. Filing frivolous or improper lawsuits against the debtor.
20. Misrepresenting the amount of debt owed.
21. Attempting to collect a debt that has been paid, settled, or discharged in bankruptcy.
22. Calling before 8:00 a.m. (local time) or after 9:00 p.m. (local time).
23. Contacting a debtor who is represented by an attorney.
24. Failing to warn a debtor that the communication is from a debt collector and that any information obtained will be used to collect a debt.
25. Failing to warn on all subsequent communications that they are from a debt collector.
26. Calling the debtor an unreasonable number of times daily or after they have been instructed to stop calling.
27. Using profane, foul, or obscene language.
28. Making racial, religious, or sexual slurs.
29. Yelling or screaming at the debtor.
30. Engaging in name calling.
31. Falsely threatening a lawsuit.
32. Falsely threatening to ruin a debtor’s credit.

Bankruptcy Discharge Violations

Has a collection agency or a collection law firm continued to contact you and demand payment on your debts that were discharged in bankruptcy? Filing bankruptcy protects you from such collection attempts by collection agencies and collection law firms. If your rights were violated, they may owe you money. If so, contact us immediately!

Credit Report Violations

Is there a false or disputed item showing on your credit report? Was your credit report accessed by an unauthorized individual or company? If so, contact us immediately!

If any of the above have happened to you or if you were in any way harassed or treated unfairly by a debt collector, and are able to prove that a debt collector violated the FDCPA, you may be entitled to up to $1,000.00 in statutory damages, payment for any actual damages including emotional distress, and payment of your attorney’s fees and costs. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.