Twelve (12) Common Violations of the FDCPA.
by
Dustin J. Kittle on Feb. 19, 2013
Consumer Rights Consumer Rights Consumer Protection Lawsuit & Dispute Class Action
Summary: An article identifying twelve (12) of the most common violations of the FDCPA by debt collection agencies which have impacted consumers in the State of Alabama and across the country.
As reported in our prior articles, the Fair Debt Collection Practices Act (FDCPA) governs how a debt collection agency must act when attempting to collect a debt from consumers. While the FDCPA covers a myriad of potential improper communications, we have identified below twelve (12) of the most common violations by debt collection agencies which have impacted consumers in the State of Alabama and across the country:
1. Calling repeatedly or continuously – the FDCPA considers repeated or continuous telephone calls to be harassment (15 U.S.C. § 1692d).
2. Using obscene, profane, or abusive language – the FDCPA considers such language to be harassment (15 U.S.C. § 1692d).
3. Calling before 8:00 a.m. or after 9:00 p.m. or calling at times which are known to be inconvenient – calling consumers during these times is considered to be harassment (15 U.S.C. § 1692c).
4. Contacting consumer’s place of employment when it is known that the employer disapproves – collector may not contact a consumer at place of employment if consumer has informed that employer disapproves of such contacts (15 U.S.C. § 1692c).
5. Repeatedly calling third parties to obtain location information – collectors can only contact third parties once unless there is reason to believe that information previously provided is false (15 U.S.C. § 1692b).
6. Illegally informing third parties of an alleged debt – unless a consumer gives permission, collectors may not inform third parties regarding the consumer’s debt, with the exception of the consumer’s attorney, the creditor, the creditor’s attorney, a credit reporting agency, or the consumer’s spouse or parent (if a minor) (15 U.S.C. § 1692c).
7. Asking consumers to pay more than they owe or to pay interest, fees, or expenses not allowed by law – collectors cannot misrepresent the amount owed and can only add extra fees permitted by the original credit or loan agreement (15 U.S.C. § 1692e-f).
8. Using or threatening to use violence if a debt is not paid – collectors may not threaten violence against a consumer in an attempt to collect a debt (15 U.S.C. § 1692d).
9. Threatening to take action that collectors cannot or will not take – collectors may not threaten to sue, file charges, garnish wages, take property, cause job loss, or ruin credit if the collector cannot or does not intend to take such action (15 U.S.C. § 1692e).
10. Failing to send written debt validation notice – within five (5) days of initial communication, collectors must send notice to consumers stating amount of debt, creditor’s name, and right to dispute the debt within 30 days (15 U.S.C. § 1692g).
11. Continuing to collect on a debt before providing verification – if a written request to verify the debt is made within 30 days, collectors must cease collection efforts until the consumer is provided verification (15 U.S.C. § 1692g).
12. Continuing collection attempt after receiving a cease and desist letter – if a consumer makes a written request for the collector to cease communications, it can only contact the consumer once more to either state further efforts to collect the debt are terminated or that certain actions may or will be taken by the collector (15 U.S.C. § 1692g).
While the categories listed above provide common examples of FDCPA violations, the FDCPA generally prohibits any harassing, abusive, or unfair means used to collect a debt.
