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. |
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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)
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.
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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.***