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5 Most Common FDCPA Violations Debt Collectors Make
Often times debt collectors break federal law because debtors are not aware of their rights. For instance, many people do not know that debt collectors must cease contacting you over the phone, if you tell them to stop calling you. This is probably the most common violation debt collectors make. Learn your rights, and let debt collectors know when they are violating the law. You can also let them know that you can sue them if they continue to break the law by harassing you. Learn more about suing debt collectors for Fair Debt collection Practices Act (FDCPA) violation by clicking here.
Below is a list of common violations Debt Collectors make when attempting to collect on a debt.
- Failing to state upfront during first contact that they are debt collectors attempting to collect a debt. Debt collectors often times try to collect personal contact information before identifying themselves as debt collectors. These actions violate federal law. Debt collectors must immediately identify themselves as debt collectors at first contact, and state their intentions to collect a debt from you.
- Informing unrelated third parties about debt without your express consent. This may be done to ‘shame’ a debtor into settling a debt. Debt collectors are prevented under law from disclosing debt to unrelated parties. This means they can only talk to you, or your spouse. Period.
- Asking a third party unrelated to the debt to relay a message to you. Debt collectors are not allowed to do this for the same reason above.
- Using demeaning or abusive language. Debt collectors are prevented from using abrasive language or verbal attacks.
- Making false threats. Debt collectors cannot threaten to take actions that they are not legally capable of doing. For instance, they can’t threaten to take you to court if they do not have legal standing to do so, or threaten you to take money from your paycheck when they do own the debt. Do not fall for their tricks.
Remember, federal law protects you from over-zealous debt collectors. Learn the law; then turn the tables by threatening legal action against them.
Additional Resources
Fair Debt Collection Practices Act Full Text
How to Sue Debtor Collectors for FDCPA Violations
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Tags: beat collection agencies in court, Fair Debt Collection Practices Act, fight junk debt buyers