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The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in
response to abusive conduct by collection agencies. The purpose of the Act is to provide guidelines for
collection agencies which are seeking to collect legitimate debts, while also providing protections and
remedies for consumers who are subjected to harassment.
The FDCPA applies to personal, family, and household debts, including debts associated with the purchase
of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on
credit card accounts. It does not apply to any business debts.
The act regulates the conduct of debt collectors. This definition includes lawyers who perform debt
collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is
restricted by this law.
In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit
card, and the store’s own collection department contacts you, the FDCPA does not apply.
However if the same store uses an outside collection agency to contact you in relation to that same debt,
the outside agency’s conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house
collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA
may apply to them as a result of that representation. |
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When Can Debt Collectors Contact You?
Under FDCPA, a debt collector may contact you by mail, in person, by telephone or by telegram during
"convenient hours" (commonly between 8 AM and 9 PM).
Within five days of the first contact with you, the debt collector must send you a written notice telling you:
- How much money you reportedly owe;
- The name of the creditor to whom the debt is owed;
- That unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any
portion thereof, the debt will be assumed valid by the debt collector;
- That if you dispute the debt in full or in part within that thirty day period, the debt collector will obtain
verification of the debt and mail it to the consumer; and
- That upon your written request within the thirty day period, the debt collector will provide you with
the name and address of the original creditor, if different from the current creditor.
The first notice must also include certain warnings including a statement that the communication is from a
debt collector and that any information obtained may be used to collect the debt. Except for pleadings
associated with a legal action, all subsequent communication from the debt collector must also include this
warning.
It's important to remember that the thirty day notice requirement does not limit the debt collector from
taking other measures to collect the debt during that initial thirty day period, including starting a lawsuit
against you.
What Are Debt Collectors Not Allowed To Do?
Debt collectors are not allowed to take any actions against you that are deceptive, fraudulent, or designed
to harass or intimate you. In other words, a debt collector cannot take any action designed to force you
to pay a debt against your will. For example, a debt collector cannot:
- threaten to refer your account to an attorney, harm your credit rating, repossession or garnishment,
without actual intention of action on the threat.
- make repeated telephone calls or telephone calls at unreasonable times;
- place telephone calls to an inconvenient place. For example, contacting you at work in violation of a
policy by your employer that is known to the debt collector or following a request by you that they
not contact you at work;
- inform your employer of the purpose of the call, unless first asked by the employer;
- use obscenity, racial slurs or insults;
- send letters which appear to have come from a court;
- seek collection fees or interest charges not permitted by your contract or by state law;
- request post-dated checks with the intention to prosecute if they bounce;
- make false representations in association with efforts to collect the debt, including the false claim that
the person contacting you in relation to the debt is an attorney, falsely claiming to have started a
lawsuit, using a false name, or using stationery that is designed to look like an official court or
government communication;
- use false claims to collect information about the you, such as pretending to be conducting a survey;
- threaten you with arrest if you do not pay the debt.
Can Debt Collectors Call Other People About Your Debt?
If you do not have an attorney, the debt collector may make only those inquiries necessary to determine
where you live, what your phone number is, and where you work. If your current address is not known,
the debt collector may be permitted to send a single letter to your last known employer inquiring about
your present address. Ordinarily, other than your attorney, a debt collector may make only one inquiry
about you with any given third party.
How Do You Get Proof Of The Debt?
If, within thirty days after receiving written notice of the debt from the debt collector, you send the collection
agency a letter asking for proof of the debt then the collector must stop contacting you. The notice must be
in writing, and must be hand delivered or postmarked within thirty days of the first written notice from the
debt collector. The debt collector may renew collection activities if you are sent proof of the debt, such as a
copy of a bill for the amount claimed by the creditor.
How Can You Stop Collectors From Contacting You?
If you have an attorney, you can instruct the debt collector to make all inquiries about the debt through your
attorney. Once the debt collector has been instructed to make inquiries through your attorney, they are no
longer allowed to make any direct contact with you.
If you simply want the debt collector to stop contacting you then you must send a written notice instructing
them to stop. Once the collection agency receives that letter, they may contact you only one additional time
to notify you that the collection agency or creditor intends to take a specific action in relation to the debt.
Sending this type of notice does not resolve the debt. For example, the creditor may file a lawsuit against you
in order to collect the debt, even if you prohibit further contact by the collection agency.
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Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in state or federal
court within one year from the date of the violation ? even if you owe the debt collector money. If
you win, you may recover damages in the amount of any losses you suffered as a result of the violation,
plus an additional amount of up to $1,000.00. You may also be able to recover court costs & attorney fees.
If the same debt collector has engaged in unlawful conduct with a number of consumers, it may be possible
to find a lawyer who will file a class action lawsuit.
If your rights have been violated by debt collectors we can sue on your behalf. We'll make sure that your
rights are protected and that you aren't taken advantage of by debt collectors who think they can use
illegal tactics to get you to pay a debt.
We will never charge you an up-front attorney fee to handle your case. Our fees are usually paid by the
debt collector if we win a case for you, so you don't need to worry about spending money that you may
not have.
You can schedule an appointment for a FREE, NO-OBLIGATION DEBT COLLECTION LETTER REVIEW
in any of these ways:
1. click on the link at the of this page to schedule an appointment to meet with an attorney; or
2. call our Scheduling Department toll-free 24 hours a day, 7 days a week at 1-866-601-1918 |
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