The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to eliminate abusive, deceptive, and unfair debt collection practices. Despite being nearly 50 years old, violations remain widespread.
Debt collectors contact millions of Americans daily. While they have the right to attempt to collect legitimate debts, there are clear legal limits on how they may do so.
What Debt Collectors Cannot Do
Harass or Abuse. Collectors cannot use threats of violence, obscene language, or publish your name as someone who refuses to pay. They cannot call you repeatedly with the intent to annoy or harass.
Make False Statements. A collector cannot misrepresent the amount you owe, claim to be an attorney if they are not, or threaten legal action they do not intend to take.
Call at Unusual Times. Collectors may not call before 8 a.m. or after 9 p.m. unless you agree to it. They also cannot contact you at work if your employer prohibits such calls.
Contact Third Parties. Collectors generally cannot discuss your debt with anyone other than you, your spouse, or your attorney — except to obtain your contact information.
Ignore a Dispute. If you dispute the debt in writing within 30 days of first contact, the collector must verify the debt before continuing collection efforts.
What to Do If Your Rights Are Violated
Document every call: date, time, caller name, company, and what was said. If a collector threatens you, calls excessively, or tries to collect a debt you do not owe, you may have a claim under the FDCPA.
The FDCPA allows consumers to recover actual damages, statutory damages up to $1,000, and attorney's fees and costs. In many cases, the simple act of hiring a lawyer causes the harassment to stop immediately.
Horowitz Law PLLC represents consumers who have been subjected to unlawful debt collection practices. If a debt collector has violated your rights, contact the firm for a free evaluation.