Arizona, FDCPA, abusive debt collectorRecently ABC News did a report on a debt collector that violated federal law and ended up getting sued by a woman he was trying to collect against.  The court awarded her $33,000 for violations of the Fair Debt Collection Practices Act (FDCPA).  Many people that fall behind on their bills believe that taking abuse from debt collectors is just a consequence of being in debt.  While debt collectors can absolutely attempt to collect debts, there are very specific rules under federal law that they must follow.  In this post I am going to provide you with 20 things that debt collectors are no allowed to do:

  1. Contact third parties and share information that a debt is owed.
  2. Use post cards as part of the debt collection.
  3. Contact the consumer after they know they are represented by an attorney.
  4. Contact a consumer at their place of employment when the collector knows that the employer prohibits such communications.
  5. Continue to contact a consumer after the consumer has sent written communication that contact is to cease.
  6. Any conduct that is meant to harass, oppress, or abuse any person.
  7. Any threat to use violence or other criminal means to harm the consumer or their property.
  8. Any use of false, deceptive, or misleading means to collect on a debt.
  9. Represent that they are affiliated with the United States, state, or local government.
  10. Threaten you with jail if you don’t pay your debt.
  11. Misrepresent that they are an attorney.
  12. Threaten to take any action that is not legally authorized.
  13. Fail to tell you they are attempting to collect a debt or that they are debt collectors.
  14. Attempt to collect any amount not authorized by an agreement.
  15. Accept or solicit a postdated check by more than 5 days without 3 business days written notice of intent to deposit.
  16. Fail to send a 30 day debt validation notice within 5 days of the initial communication.
  17. Fail to state the amount of the debt.
  18. Fail to state the name of the creditor to whom the debt is owed.
  19. Fail to state that you have the right to receive the name and address of the original creditor.
  20. Use any unfair or unconscionable means to collect or attempt to collect on a debt.

Schedule a Free Consultation!

John Skiba, Esq. John Skiba, Esq.

We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all. Give us a call at (480) 420-4028

Powered by ConvertKit