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Fair Debt Collection Laws

Fair Debt Collection Laws

If debt collectors do not follow the law, you could sue them for violating your rights.
If you’ve been harassed by a debt collector, talk to one of our attorneys who will fight for you. We offer free case reviews. Contact us today.

Laws Debt Collectors Have to Follow

  • What types of debt collection practices are not allowed?
  • Can a creditor or debt collector make an automated call to my cell phone?
  • What rights do I have when a debt collector or creditor is trying to collect money from me?
  • Can I stop a debt collector from contacting me?
  • Can a debt collector contact anyone else about my debt?
  • Can a debt collector contact me at work?
  • Can I dispute a debt at anytime?
  • If I believe a debt collector has violated the law, what can I do?
  • Is there specific information the debt collector must tell me about the debt?
  • Can a debt collector continue to contact me if I believe I do NOT owe money?
  • If I believe a debt collector has violated the law, what can I do?
  • What rights do I have if a debt collector reports on my credit report?

What types of debt collection practices are not allowed?

There are a few debt collection practices that are not allowed. The first one is:

Harassment

  • Debt collectors cannot use threats of violence
  • They can’t publish a list of consumers who refuse to pay debts except to a credit bureau
  • They can’t use profane language or repeatedly use calls to harass you
  • They can’t call before 8 am or after 9 pm

The second is:

False Statements

  • Debt collectors may not say they’re attorneys or from the government
  • Falsely imply you’ve committed a crime
  • Misrepresent that they work for an agency
  • Misrepresent how much debt you owe
  • Indicate that papers being sent aren’t legal forms
  • Threaten arrest
  • Threaten to seize, garnish, attach, or sell your property or wages unless the collection agency intends to do so and is a legal action
  • They threaten that actions like a lawsuit will be taken against you when they can’t
  • Debt collectors may not give false credit information about you to others, even the agency
  • Cannot tell you that something is an official document when it isn’t
  • Cannot use an alias in their attempts to collect a debt

The third is:

Unfair Practices

  • Cannot collect amount larger than your debt unless state law permits it
  • Cannot deposit a post-dated check early or use deception to make you pick up collect calls or pay cash for telegrams
  • Cannot take or threaten to take property unless this might be done legally, or contact you by mail

Can a creditor or debt collector make an automated call to my cell phone?

TCPA doesn’t permit recorded, automated or auto dialed calls to cell phones from debt collectors unless there’s express consent to try to do so.

What rights do I have when a debt collector or creditor is trying to collect money from me?

Your rights are protected under the FDCPA.

Can I stop a debt collector from contacting me?

You have to write a letter to the collector telling them that they need to stop

.

Can a debt collector contact other people about my debt?

If you have an attorney, the debt collector should contact only your attorney. If there is no attorney, then debt collectors will only contact others to seek out where you reside, your number, and where you’re employed. Debt collectors will contact the third party, but cannot disclose the alleged debt to anyone but you or your spouse.

Can a debt collector contact me at work?

Yes they can but if u tell them not to they can’t.

Can I dispute a debt at anytime?

Yes and if the collector reports to the CRAs, they must list the debt as disputed on your report.

If I believe a debt collector has violated the law, what can I do and how much money could I get?

If the law is violated, you have the right to sue within a year; you might recover money for damages as well as emotional stress. The statutory damages are usually up to $1000 for each violation; the costs for the courts and attorneys can be recovered.

Is there specific info the debt collector must tell me about the debt?

There needs to be a written notice sent of the amount of money owed within the first 5 days after being contacted; you have to include the creditor’s name and how to proceed if you feel like you do not owe them money.

Can a debt collector continue to contact me if I believe I DO NOT owe money?

The collector may not contact you if you send a letter to the agency within 3 days of receiving the written notice, stating you do not owe money. But they can renew activities if they send proof of the debt.

The Fair Credit Reporting Act protects your rights from annoying debt collectors. If you feel your rights have been violated, and require legal action, get in touch with one of our attorneys for a free case review today!

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