© National Legal Center 2011 FDCPA Enforcement The Fair Debt Collection Practices Act, which is often referred to as the FDCPA, was created by Congress in 1977 in response to the abusive conduct often engaged in by collection agencies.  The FDCPA is in place to protect you, the consumer, against the illegal tactics of the third party creditors. Our firm has a strong understanding of and experience with the debt collection laws under the FDCPA. If you feel you have experienced a third party debt collector that has crossed the line by saying something or doing something that makes you feel you are in violation of your civil rights, National Legal Center may be able to help.    These are all common violations of the FDCPA.  If they you are experiencing situations like the ones outlined above, contact our office for a free consultation.  We will always be honest and fair with you. Our representation may include educating your as to your rights under the Act and/or taking legal action against a debt collector that violates your rights under the FDCPA. Call National Legal at 1-800-728-5285 for your Free Consultation To view the complete Fair Debt Collection Practices Act, click here.  FDCPA Q&A: Q: What type of debt is covered by the FDCPA? A: The FDCPA typically covers personal debts.  Personal debts include credit cards, personal loans, vehicle loans, medical debt, first and second mortgages.  The FDCPA does not normally apply to business or commercial debts. In addition to the Federal FDCPA, many states also have their own laws which govern collection practices for third party collection agencies.  State collection laws may also enforce additional fines in the event of a violation and may cover a wider range of debts than the federal law. Q: Who is covered by the FDCPA? A: Third party debt collection agencies and debt collectors that are employed by these agencies are governed by the FDCPA guidelines.  The FDCPA also includes Attorneys who perform debt collection services as a standard part of their practice.  Employees of the original lender typically are NOT covered by the FDCPA.  This means that if you have a credit card with ‘ABC’ bank and an employee of ‘ABC’ bank calls you to collect on that debt, the FDCPA does not apply.  On the other hand, if ‘ABC’ Bank has sent your account to a third party collection agency and they contact you, the third party agency is governed by the FDCPA.  It is interesting to note that, while the FDCPA only applies to third party collection firms engaged in the business of collection debt, may states have laws that include the original lender, thereby extending a debtor’s rights to include both third party collection firms as well as the original lender.  Q: How do I know if a creditor has violated my rights under the FDCPA? A: The FDCPA restricts debt collectors from engaging in conduct including the following:  Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. However, third party collectors may contact a relative, neighbor or employer for the purpose of finding a debtor. They may not however, reveal the purpose of their call or any information about the subject debt. Co-signers to the debt, however, may be contacted by the debt collector;  Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;  Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contact before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;  Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;  When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;  Using obscenity, racial slurs or insults;  Sending letters which appear to have come from a court;  Seeking collection fees or interest charges not permitted by your contract or by state law;  Requesting post-dated checks with the intention to prosecute if they bounce;  Suing in courts far removed from your place of residence;  Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;  Using false claims to collect information about the debtor, such as pretending to be conducting a survey;  Threatening you with arrest if you do not pay the debt. • Has a collector used profanities when speaking to you? • Has a collector verbally abused you or threatened to physically harm you?  • Has a collector disclosed personal, confidential information to a family member, friend or co-worker without your permissions? • Has a collector ever threatened to put you in jail? • Is a collector calling you at work, even though you have asked them to stop? Related Topics: The FDCPA and Your Attorney “Mini-Miranda Warning” - Collection Calls & Letters Reporting Legitimate Violations Disclaimer: The information contained on this website is not to be construed as legal advice. It is not intended to solicit or form an attorney-client relationship. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only. National Legal Center ~ Defending Your Consumer Rights Call for your Free Consultation 1-800-728-5285