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Ten Things Debt Collectors CANNOT Do

by Eric Ridley on Nov. 22, 2013

Consumer Rights Consumer Protection Bankruptcy & Debt  Collection Bankruptcy & Debt  Credit & Debt 

Summary: Ten Things Debt Collectors Cannot Do

Your Debt Collection FDCPA Attorney will Explain That: Debt Collectors CANNOT:

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 (Hours Bill Collectors Can Call)

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 them permision, collectors are not allowed to inform anyone about your debt except:

  • your FDCPA 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. Threaten to send you to Jail, send the Sheriff, or tell you “God Would Not Be Happy.”

All of these are violations of the law, subject to a $1000 penalty per violation, and the collector who is abusing you can be forced to pay your attorney’s fees for bringing the action. Attorneys like me LOVE that provision – it means that if you’re abused by the collector, we can bring suit against the abusive collection agency at no cost to you. Not bad, eh?

Debt Collection Attorney Eric Ridley wants to talk to you right now. You should call for your free consultation at (805) 244-5291. How to Report Debt Collectors? FDCPA Attorney Eric Ridley will explain everything. Eric Ridley is one of the Ventura Debt Collector Abuse Lawyers who is friendly and wants to help.

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