In today's financial ecosystem, understanding your rights under the Fair Debt Collection Practices Act (FDCPA) is more crucial than ever. This federal law serves as a guardian, ensuring that debt collection practices are conducted with fairness, without resorting to intimidation, abuse, or deceit.
Originally enacted to curb the misuse of collection tactics, the FDCPA sets strict guidelines for debt collectors, emphasizing respect and dignity for debtors. From restricting call times to protecting your privacy, the FDCPA offers a shield against undue pressure, making it vital for every consumer to grasp its scope and protections.
This guide aims to clarify the FDCPA, offering you a beacon of knowledge in navigating the complexities of debt collection.
Want to skip the article and speak directly to a debt specialist? Click
here for a free consultation.
What is the Fair Debt Collection Practices Act?
The
Fair Debt Collection Practices Act is a law designed to regulate how debt collectors communicate with people they're attempting to collect from.
The FDCPA generally restricts what debt collectors can and cannot do in their communications with consumers.
It prohibits them, for example, from telling consumers that they will be arrested or imprisoned if they don't pay up, trying to collect any more than the amount of the principal balance, telling people that legal action will be taken against them without providing written notice of being sued (if desired), and making repeated phone calls when a consumer has expressly requested not to be called.
How does the FDCPA protect consumers?
The FDCPA provides individuals with the right to request that "debt collectors" stop contacting them. It also prohibits debt collectors from contacting an individual's employer, co-workers, or family members.
It bans false and deceptive advertising by debt collectors and requires that if a debt collector communicates with someone other than the consumer for the purpose of finding out where they live then they have to identify themselves as a debt collector.
Debt collectors are allowed, however, to contact third parties for purposes of locating someone whose whereabouts are unknown under certain circumstances.
Who can be contacted by debt collectors?
Debt collectors can legally contact individuals who owe the debt. Collectors cannot approach family members or friends of the debtor for information on where to find them. That is considered harassment and will not aid in the collections process.
Legally, debt collectors can contact:
- The person who owes the debt, and if they're deceased
- The spouse of the person who owes the debt, as long as they live in a community property state or have signed an agreement to split their debts with that person
- An authorized agent of their employer - typically this would be information on W-2's or 1099s. Contacting employers without this prior permission is a violation amounting to theft in some states
- A relative in gradience whose name is included on your credit card application; say for example you applied for the card because your dad was going bankrupt and you wanted to help him out by adding your name as an authorized user
Ways you can prevent debt collectors from contacting you or your family
You can ask the debt collector to provide written documentation as per the Fair Debt Collection Practices Act code 806 and send it via certified mail return receipt requested.
Tell them to thank you for notifying them of your request in accordance with FACTA §807(b)(1). The collector is required by law to respond.
If they refuse or ignore this request, complain! They don't want anyone knowing what we're up to, so if they fail or refuse this request there are good chances that whatever it is they're doing is unlawful.
Start a record of phone calls and text messages received from debt collectors in a paper journal with a date. Record time of call/text.
What should you do if a debt collector contacts you or your family members about a past-due account?
If someone (or even an organization you're unaware of) is contacting you about money, get a written debt validation letter with some very specific information that's not available by visiting their website.
They'll have to provide it in order for them to be able to request payment from you. The best strategy for anyone experiencing insistent contact with a debt collector is to find out the name of the company they're trying to collect on and then make inquiries like google "name of company" complaints.
If there are people who will gladly speak up, it might save someone else from being taken advantage of in the future.
How to tell if an organization is a legitimate debt collector and not just someone trying to scam you out of money
Debt collectors should not be calling you on the phone to ask for information, this is illegal. Some debt collectors may call and offer you a settlement or to pay off your debt if you stop calling them.
Trust your intuition about these matters - if it seems suspicious you should not engage with them any further and report them using the
Consumer Financial Protection Bureau's online Complaint Assistant Tool.
In addition, they should provide contact information that can be confirmed as legitimate through a reverse-lookup directory (such as by typing in the phone number into an internet search engine).
Legitimate debt collection agencies must give you a written notice that includes who they are, what your debt is for, and how much you owe.
Common FDCPA Violations
Some common violations of the FDCPA that debt collectors make include:
- Harassing the debtor by calling repeatedly or at inappropriate times
- Misrepresenting the amount or status of the debt
- Threatening arrest, repossession, or other actions that are illegal or not intended
- Calling the debtor's workplace after being told not to
- Discussing the debt with third parties without permission
Debt Validation
Within 30 days of receiving a collection notice, send a debt validation letter requesting proof that you owe the debt and that the collector owns the right to collect. This stops collections until they can provide validation.
Include in the letter:
- Your name, address, and account details
- A request for validation
- A request to cease communications until validated
Send via certified mail with return receipt. If they can't validate the debt, they must stop collections.
Reporting FDCPA Violations
If a debt collector violates the FDCPA in their communications or collections tactics with you, there are a few ways to report:
- File a complaint with the Consumer Financial Protection Bureau
- File a complaint with your state attorney general's office
- Consult with a consumer protection attorney about suing for damages
Keep detailed records of all communication with details on FDCPA violations. Damages can include compensation for emotional distress.
FAQs
Do Not Sell My Personal Information