The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 to protect consumers from improper tactics and other abuses used by debt collectors.
The FDCPA does not apply to the original creditor. The FDCPA applies to third-party debt collection agencies.
It is very important to document everything. You want detailed records indicating when the calls were placed, who placed the call and what was said.
The best way to stop the calls is to tell the creditor in writing to stop contacting you. The cease and desist demand must be made in writing.
Here is a list of 15 things debt collectors cannot do under the FDCPA:
1. Ask you to pay more than you owe. The collector cannot misrepresent the amount you owe.
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.
3. Call repeatedly or continuously. The FDCPA considers repeat calls as harassment.
4. Use obscene, profane, or abusive language.
5. Call before 8:00 am or after 9:00 pm.
6. Call at times the collector knew or should know are inconvenient.
7. Use or threaten to use violence if you don’t pay the debt.
8. Threaten action they cannot or will not take including threats to 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.
9. Illegally inform a third party about your alleged debt. Unless you have expressly given permission, collectors are not allowed to inform anyone about your debt except: your attorney, the creditor, the creditor’s attorney, a credit reporting agency, your spouse or your parents (if you are a minor).
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.
11. Contact you at work knowing your employer doesn’t approve. A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t approve of these calls.
12. Fail to send a written debt validation notice Within five days of the collector’s initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days.
13. Ignore your written request to verify the debt and continue to collect. A collector can’t continue to collect on a debt after you’ve made a written request to verify the debt as long as the request was made within 30 days of the collector’s written notice.
14. Continue to collect on the debt before providing verification. After receiving your written dispute, the collector must stop collecting on the debt until you have received verification.
15. Continue collection attempts after receiving a cease communication notice. If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions.