Fair Debt Collection Practices Act

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Fair Debt Collection Practices Act

If you've ever had bill collectors calling you in the middle of the night or telling your boss about the money you owe, then you need to know your rights under the Fair Debt Collection Practices Act (FDCPA). So, here it is...

1) It is illegal for debt collectors to make false statements: It is illegal for them to do any of the following:

Misrepresent the amount of money you owe

Imply that they represent the government or any law enforcement agency

Imply that they are attorneys if they aren't attorneys

Imply that you have committed a crime or will be arrested (owing a debt is a civil, not a criminal, matter)

Imply or state that they are affiliated with the credit bureaus

Lead you to believe that papers they send are legal forms when they're not

Lead you to believe that legal papers sent to you are not legal forms

Threaten you with legal proceedings without cause or intention (idle threats)

Threaten to take your property or wages if it isn't legally feasible and they have no intention of doing so (idle threats)

Make false statements about you to anyone. No exceptions!

Send you items made to look like court papers when they're not

Send you papers made to look like they are from the government when they're not

Use a false name

2) It is illegal for debt collectors to harass and annoy you. It is illegal for them to do any of the following:

Threaten you with any kind of harm to yourself, to people you know, to your reputation or to your property
Call you on the telephone excessively to wear you down and cause you to give in to their demands
Use offensive language
Publish your name in any source as a person owing a debt. The only exception is reporting to the credit bureaus.
Call before 8:00 AM or after 9:00 PM-- in your time zone, not theirs
Call you at work after you or your employer told them not to
Tell other people about your debt. The exceptions are your spouse or attorney. If you are a minor, your parents can also be told.

3) It is illegal for debt collectors to use unfair practices. It is illegal for them to do any of the following:

Persuade you to accept charges for telegrams or collect calls

Cash your post-dated check earlier than the date on the check

Collect an amount that is more than you owe, unless allowed by your state's laws

Contact you if your attorney has contacted them or if they know how to contact your attorney

Refuses to honor your Dispute or Cease Communication Rights (See Below)

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Your Rights Under the Fair Debt Collection Practices Act (FDCPA)

You have the right to dispute the validity of the debt. Within 5 days after they first contact you, the debt collector is required to send a letter that includes information on how to dispute the debt {This letter is usually a typical collection letter with the part about your rights at the bottom, on the back, or written with a much lighter ink than the rest of the letter}. If you write to the collection agency telling them that you dispute the debt and that you request validation of the debt in writing, they must stop contacting you until they mail the validation. However, you must send a written request for validation within 30 days of receiving the letter described above if you want them to stop contacting you until you get the validation. NOTE: If you don't dispute the debt within 30 days, it is not an admission that you owe the money.

It is highly recommended that you communicate with debt collectors only by certified mail. It is not against the law to hang up on debt collectors when they call.

You have the right to tell a debt collector to cease all communication with you. If you do this, they can only contact you to tell you what their next action will be or might be. They can no longer dun you. However, if the debt is legitimate, they can still use any legal remedy they see fit to collect the debt. In other words, the FDCPA can not be used to eliminate legitimate debts.

What To Do If Your FDCPA Rights are Violated

If your Fair Debt Collection Practices Act rights are violated, contact an attorney OR contact your state's Attorney General AND the Federal Trade Commission . If you sue the debt collector and win, you will receive $1,000 plus damages. NOTE:There is a one year statute of limitations for FDCPA violations, so you can't sue if the violations took place more than one year ago.

***The Information on this page is not intended as legal advice.***

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