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15 Fdcpa

The Fair Debt Collection Practices Act (FDCPA) outlines 15 prohibited practices for debt collectors. The FDCPA prohibits debt collectors from misrepresenting amounts owed, adding unauthorized fees or interest, calling repeatedly or at inconvenient times, using abusive language, threatening violence, disclosing debts to third parties without permission, contacting consumers at work against their wishes, failing to provide required debt validation notices, or continuing collection efforts after a consumer disputes or requests to cease communication. The FDCPA is intended to prevent harassment and abusive practices by debt collectors.

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601 views3 pages

15 Fdcpa

The Fair Debt Collection Practices Act (FDCPA) outlines 15 prohibited practices for debt collectors. The FDCPA prohibits debt collectors from misrepresenting amounts owed, adding unauthorized fees or interest, calling repeatedly or at inconvenient times, using abusive language, threatening violence, disclosing debts to third parties without permission, contacting consumers at work against their wishes, failing to provide required debt validation notices, or continuing collection efforts after a consumer disputes or requests to cease communication. The FDCPA is intended to prevent harassment and abusive practices by debt collectors.

Uploaded by

dhondee13
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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15 FDCPA 

Violations
The Fair Debt Collection Practices Act, FDCPA, dictates how debt collectors can act when collecting a
debt from you. These are things a debt collector can't do. If you need to reference the law, citations
have been provided.

1. Ask you to pay more than you owe


The collector cannot misrepresent the amount you owe. [15 USC 1692e] § 807(2)(a)

2. Ask you to pay interest, fees, or expenses that are not


allowed by law
The collector can't add on any extra fees that your original credit or loan agreement doesn't allow. [15
USC 1692f] § 808(1)

3. Call repeatedly or continuously


The FDCPA considers repeat calls as harassment. [15 USC 1692d] § 806(5)

4. Use obscene, profane, or abusive language


Using this kind of language is considered harassment. [15 USC 1692d] § 806(2)

5. Call before 8:00 am or after 9:00 pm


Calls during these times are considered harassment. [15 USC 1692c] § 805(a)(1)

6. Call at times the collector knew or should know are


inconvenient
Calls at these times are considered harassment. [15 USC 1692c] § 805(a)(1)

7. Use or threaten to use violence if you don't pay the debt


Collectors can't threaten violence against you. [15 USC 1692d] § 806(1)

8. Threaten action they cannot or will not take


Collectors can't threaten to sue or file charges against you, garnish wages, take property, cause job loss,
or ruin your credit when the collector cannot or does not intend to take the action. [15 USC 1692e] §
807(5)

9. Illegally inform a third party about your alleged debt


Unless you have expressly given permision, collectors are not allowed to inform anyone about your debt
except:

 your attorney
 the creditor
 the creditor's attorney
 a credit reporting agency
 your spouse
 your parent (if you are a minor)

[15 USC 1692c] § 805(b)

10. Repeatedly call a third party to get your location


information
The collector can only contact a third party once unless it has reason to believe the information
previously provided is false. [15 USC 1692b] § 804(1)

11. Contact you at work knowing your employer doesn't


approve
A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t
approve of these calls. [15 USC 1692c] § 805(a)(3)

12. Fail to send a written debt validation notice


Within five days of the collector's initial communication, it must send you a notice include the
amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30
days. [15 USC 1692g] § 809(a)

13. Ignore your written request to verify the debt and


continue to collect
A collector can't continue to collect on a debt after you've made a written request to verify the
debt as long as the request was made within 30 days of the collector's written notice. [15 USC
1692g] § 809(b)

14. Continue to collect on the debt before providing


verification
After receiving your written dispute, the collector must stop collecting on the debt until you have
receieved verification. [15 USC 1692g] § 809(b)

15. Continue collection attempts after receiving a cease


communication notice
If you make a written request for the collector to cease communication, it can only contact you
one more time, via mail to let you know one of the following: that further efforts to collect the
debt are terminated, that certain actions may be taken by the collector, or that the collector is
definitely going to take certain actions. [15 USC 1692c] § 805(c)

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