Unfair Debt Collection Practices

It is not unusual for people who have fallen behind in paying their bills to have trouble with collection agencies. Collection agencies have a certain amount of latitude when it comes to collecting debts; however, there are laws that set limits on their conduct.

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the conduct of bill collectors and protects consumers from deceptive, harassing, or unfair debt collection practices. Many states also have enacted similar laws to further regulate debt collection practices.

The FDCPA restricts debt collectors from, among other things, engaging in the following conduct:

• Calling before 8:00 am or after 9:00 pm, unless you have given the debt collector permission to contact you during those hours
• Causing your phone to ring for extended periods of time or making repeated phone calls to harass or annoy you

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• Contacting you at work, if the debt collector is aware that you do not wish to be contacted at work or that your employer prohibits such calls
• Threatening to take legal action against you that is not permitted by law or is not actually being considered
• Making false statements in an effort to collect the debt, e.g., misrepresenting the amount you owe, falsely claiming to be an attorney, using stationery that is designed to look like an official court or government communication, etc.
• Publishing your name on a “blacklist” or communicating with third parties about your debt (the debt collector may ask a third party for your address, your home phone number, or where you work)
• Using obscene or profane language;
• Threatening you with arrest if you do not pay the debt

The FDCPA provides consumers with certain additional rights. For example, a debt collector must provide you with information concerning the amount of the debt and the creditor to whom the debt is owed, and provide you 30 days to dispute the debt. If you dispute the debt in writing, the collector must provide you with verification of the debt. Moreover, if you advise the creditor in writing that you refuse to pay the debt and want the collector to stop contacting you, the collector must cease further communications with you (with limited exceptions).

If you have experienced deceptive, harassing, or unfair debt collection practices, Nichols Kaster may be able to help.