How Can I Stop Creditor Harassment (Fair Debt Collections Act)?
The Fair Debt Collection Practices Act (FDCPA) is a United States statute that protects consumers from abusive or harassing behavior of debt collectors. The FDCPA includes 1) guidelines for how debt collectors may interact with consumers, 2) a list of prohibited conduct of debt collectors, and 3) a strategy for remedies or penalties for violations of the Act.
As a consumer, the FDCPA secures your right to fair treatment by setting guidelines for how debt collectors should interact with you. Debt collectors must:
- Identify themselves. Every time they communicate with you, they must tell you that they are a debt collector and trying to collect on a specific debt.
- Identify the original creditor. Within 30 days of your written request, debt collectors must tell you the name and address of the original creditor (i.e., the company to which the debt was first owed).
- Notify you that you have the right to dispute the debt. Within five days of first contacting you, a debt collector must send you a written notification ( a validation notice ) of your right to request validation of the debt.
- Provide verification of the debt. If you request verification of a debt within 30 days of the validation notice, then a debt collector must provide requested debt information or stop collection efforts altogether.
In addition, the FDCPA prohibits the use of abusive and/or deceptive conduct by debt collectors. When attempting to collect a debt, a debt collector may not:
- Contact you after hours. Debt collectors may only contact you by phone between the hours of 8 a.m. and 9 p.m. local time.
- Contact you after you asked them to stop. If you have provided them written notice to stop contacting you, then debt collectors may not contact you in any way other than litigation.
- Continuously call. Debt collectors may not annoy, abuse, or harass you by repeatedly calling your phone number.
- Contact you at work. If you send them written notice that it is unacceptable to contact you at work, then they must stop calling you there.
- Contact you if you are being represented by an attorney. Communication must go through your attorney.
- Contact any third parties. Debt collectors may not communicate with anyone, other than your spouse or attorney, about your debt.
- Misrepresent the debt or use deception to collect the debt. For example, a debt collector may not represent him/herself as an attorney or law enforcement officer.
- Threaten arrest or litigation. They may not threaten conduct that is unwarranted or unplanned.
- Report false information on your credit report. They also may not report false information or threaten to do so.
- Publish your name or address. They may not include your personal information on a bad debt list.
- Try to collect unjustified amounts. They may not add extra amounts (not covered by contract or law) to your debt.
- Use profane or abusive language.
If you have a problem with a debt collector, you may take action to protect yourself. You may decide to file a complaint with the Federal Trade Commission, who has the authority to enforce the FDCPA. You may also choose to file a private lawsuit against the debt collector in either a state or federal court. In court, you may sue for damages that you sustained from a debt collector who violated the professional conduct set forth by the FDCPA. If it is proven in court that a debt collector is in violation, you may receive up to $1,000 in damages, plus reasonable attorney fees.
If bankruptcy turns out to be the right move for you, an automatic stay under federal law is in effect when your case is filed. At this point creditors may not contact you and will have to go through our office for any correspondence. |
