The Federal Fair Debt Collection Practices Act dictates how debt collectors can act when attempting to collect a debt from you. These are things a debt collector cannot do. If you need to reference the law, citations have been provided. These are examples of debt harassment. These examples may not stand alone, but be a part of one story regarding debt harassment in general.

1. Ask you to pay more than you owe – The collector cannot misrepresent the amount you owe. [15 USC 1692e]

2. Ask you to pay interest, fees, or expenses that are not allowed by law – The collector can’t add on any extra fees or interest that your original credit or loan agreement doesn’t allow. [15 USC 1692f]

3. Call repeatedly or continuously – The FDCPA considers repeat calls as harassment. [15 USC 1692d]

4. Use obscene, profane, or abusive language – Screaming, cursing, or using any language that is likely to shame or embarrass you is considered harassment. [15 USC 1692d]

5. Call before 8:00 am or after 9:00 pm – Calls during these times are considered harassment. [15 USC 1692c]

6. Call at times the collector knows or should know are inconvenient – Calls at these times are considered harassment. [15 USC 1692c]

7. Use or threaten to use violence if you don’t pay the debt – Collectors can’t threaten violence against you. [15 USC 1692d]

8. Threaten action they cannot or will not take – Collectors can’t threaten to sue or file criminal charges against you, garnish wages, take your property, cause you to lose your job, or ruin your credit when the collector legally cannot or does not intend to take the action. [15 USC 1692e]

9. Illegally inform a third party about your alleged debt – Unless you have expressly given permision, 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
  • your parent (if you are a minor)

[15 USC 1692c]

10. Repeatedly call a third party to get your location information – The collector can only contact a third party once STRICTLY to get your contact information, unless it has reason to believe the information previously provided is false. [15 USC 1692b]

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. [15 USC 1692c]

12. Fail to send a written debt validation notice – Within five days of the collector’s initial communication, they must send you written notice of your right to dispute the debt within 30 days. [15 USC 1692g]

13. Ignore your request to verify the debt and continue to collect – A collector can’t continue efforts to collect on a debt after you’ve made a request to verify the debt unless they have provided the requested verification, as long as your request was made within 30 days of the collector’s initial written notice. [15 USC 1692g]

14. Continue to contact you after they have been informed you are represented by an attorney – A collector who knows you are represented by an attorney on the debt, they ABSOLUTELY cannot contact you at all and can only communicate with you through your attorney. [15 USC 1692c]

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, they may take certain actions legally allowed to be taken by the collector, or that the collector is definitely going to take those actions. [15 USC 1692c]

These are not all!  There are many, many more ways the debt collector can be in violation of the law.  If you are being contacted by a debt collector or creditor in any way–mail, email, fax, or phone call–you must contact us TODAY to review your case for a potential lawsuit against them to MAKE THEM PAY and to obtain a court order to STOP them from contacting you.