FDCPA Violation

The Debt-collection agencies or collectors have to follow a set of norms laid down by The Fair Debt Collection Practices Act when recovering debt-dues from debtors. There are certain practices that debt collectors can adopt and certain practices that they would need to refrain from while collecting dues. Every debtor should be aware of these and you can refer to the citations given under the law.

1. You cannot be asked to shell out more than what you owe.

         Misrepresentation of the amount that you owe is not allowed. [15 USC 1692e] § 807(2)(a)

1. You cannot be harassed with repeated or continuous calls.

Repeat or continuous calls from collectors are regarded as harassment by the FDCPA.
[15 USC 1692d] § 806(5)

1. You cannot be asked to pay fees, interest or any other expenses that are prohibited legally..

         The collector cannot extract any additional charges from you other than the ones allowed by the original loan or credit agreement. [15 USC 1692f] § 808(1)

1. You can be called only during the stipulated calling hours that are between 8 am and 9 pm.

Making calls to you anytime before 8 am or post 9 pm shall be termed as harassment.
[15 USC 1692c] § 805(a) (1).

1. You cannot be threatened with violence if you are unable to pay back the debt.

It is strictly against the FDCPA Act for collectors to threaten or use violence against the debtors.
[15 USC 1692d] § 806(1).

1. The collector cannot divulge any information about your supposed debt to any third party.

This is against the law. Unless categorically stated by you, the collection agency cannot share any information about your debt with anyone else except the creditor and the creditor’s attorney, your attorney, your spouse or your parent (incase you are minor) or a credit reporting bureau.
[15 USC 1692c] § 805(b).

7)   The collection agency cannot threaten any action that they cannot or shall not take
       The collection agency cannot scare you by threatening to file a case against you, take over property, ruin your history of credit, instigate loss of job or embellish wages if they cannot do it or does not have the intention to do so. [15 USC 1692e] § 807(5)

 8)   The collector cannot make repeated calls to any third party to obtain information about your exact    location. Unless the collector has valid reasons to believe that the information provided previously by the debtor is false, the collector cannot make repeated calls to any third party.
 [15 USC 1692b] § 804(1)
      

1. You cannot be contacted by collectors at odd hours. If the collector has been made aware of the convenient and inconvenient calling hours and still calls you at odd hours, this would be termed as harassment and nuisance. [15 USC 1692c] § 805(a)(1).

10)    The collector or its representative cannot use obscene or abusive language or profanity with you.
          Making use of profanity or passing obscene remarks is strictly prohibited. [15 USC 1692d] § 806(2)