Common Debt Collection (FDCPA) Violations

The Fair Debt Collection Practices Act prohibits a wide range of unlawful collection methods that third-party debt collectors use often in their attempts to collect debts. A debt collector may have violated the Fair Debt Collection Practices Act if the collector commits one of the following infractions:

• Contacts you at any time or place that is inconvenient. Inconvenient times are typically considered to be between the hours of 9:00 p.m. to  8:00 a.m.
• Contacts you if the debt collector knows that you are represented by an attorney regarding the debt.
• Contacts you at your place of business if the debt collector knows that your employer prohibits such communication.
• Communicates further with you after you tell the debt collector that you refuse to pay the debt or that you wish the debt collector to stop further collection efforts (except to write one more letter to you).
• Threatens the use of violence against you, your reputation, or your property.  Uses obscene or profane language.
• Contacts you via telephone excessively with the intent to annoy, abuse, or harass you.
• Falsely implies that he or she is an attorney, or falsely implies that any communication is from an attorney.
• Falsely threatens that non-payment will result in arrest, imprisonment or seizure, garnishment of wages, or sale of any of your property.
• Communicates with you by postcard.
• While acquiring location information from someone other than the consumer debtor (like  family members, neighbors, or employers) states that you owe a debt.
• Communicates with your neighbors or family members about your debt.

There are many more examples of third-party debt collector Fair Debt Collection Practices Act violations. Generally, if it just does not seem fair what a debt collector has done or is doing to you, it probably is not and the activity is a violation of the FDCPA.

These are some of the steps that you can take to eliminate improper collecting activities:

• Keep every written communication sent to you from debt collectors, including the envelopes.
• Take detailed notes of every conversation you have with debt collectors; sign and date them.
• Most states permit the recording of telephone conversations with debt collectors, including Minnesota. Click here for a list of states that permit recording telephone conversations with one-party consent.
• Keep recordings of voice messages from debt collectors, especially if the message does not sound “right” to you.
• Have others in your household write down what debt collectors have disclosed about your debts to them; sign and date the writings.
• Hire me to represent you and prosecute your FDCPA claims.