General Rule: Common violations under the FDCPA involve harassment, deception, embarrassment and other abusive debt collection practices.
The debt collection process is often handled in a professional manner. Many debt collectors understand the rules. Those that do will attempt to collect a debt without harassing the person. However, some will use different types of abusive tactics to pressure you into making a payment.
To curb this abuse Congress passed the Fair Debt Collection Practices Act (FDCPA). This federal law establishes regulations for fair and transparent debt collection. It specifically prohibits a host of abusive, harassing and deceptive debt collection practices.
While there are many types of violations under the FDCPA, some occur more frequently than others. This article will highlight the common types of FDCPA violations and how to identify them. In addition, you will learn what you can do to stop these types of violations.
Common FDCPA Violations
An FDCPA violation only occurs if it involves a personal debt. For example, personal debt includes medical debt, credit cards, student loans, mortgages and more. Also, the FDCPA only applies to third-party debt collectors, not the original creditor.
Beyond that there are two common types of FDCPA violations which you can read about below.
Harassment
One of the most common types of debt collector violations involves harassment. Here are the most common violations involving harassment:
- Excessive Communication. It is illegal for a debt collector to repeatedly call over a short period of time or leave several voicemails. Specifically, more than seven calls in seven days is a violation. If they contact you within seven days of a conversation with you about your debt it is also a violation.
- Calling at Inconvenient Times. A debt collector cannot call you after 9 PM or before 8 AM. They also cannot call you at any other time you let them know is inconvenient.
- Ignoring Communication Requests. You can request a debt collector stop calling you by sending a cease-and-desist letter. It is a violation of the FDCPA if they do not adhere to such a request.
- Disclosing Your Debt to a Third Party. It is illegal for a debt collector to make any reference of your debt to a third party. This includes directly or indirectly (e.g., mailing you communication that reveals you owe a debt on the envelope).
- Type of Language. A debt collector cannot use obscene, profane or threatening language when communicating with you.
Deception
Another set of common debt collector violations involves deception. There are different ways a debt collector may use deception and misrepresentation to collect a debt. The most common violations involving deception include:
- Changing the Amount Owed. It is illegal to charge more than what the original agreement with the creditor allowed. Sometimes a debt collector will outright change the amount owed. In other cases, they will add unauthorized charges or interest.
- Inappropriate Identification. A debt collector violates the FDCPA if they refuse to identify themself. It is also a violation if they misrepresent themselves as someone they are not, like an attorney.
- Misleading Mail. It is illegal for a debt collector to mail something in a way that looks like it is a lawsuit or something involving the legal system.
- Threats to Coerce. Sometimes a debt collector will make a threat to coerce you into making a payment. For example, they may threaten to sue you even though they have no intention of filing a lawsuit.
How to Stop These Common Violations
If you were a victim of one of these violations, there is action you can take. Your primary options are as follows:
- Direct Demand with the Debt Collector. Your first option is to identify the violation with the debt collector in writing and demand they stop. Do this in writing and send it via certified mail.
- Submit a Complaint to a Federal Agency. You can submit a complaint to the Federal Trade Commission (FTC). This agency enforces the FDCPA. You can also submit a complaint to the Consumer Financial Protection Bureau (CFPB).
- Negotiate a Settlement. Another option is to negotiate a favorable settlement in lieu of filing a lawsuit.
- File a Lawsuit. Depending on the severity of the action and if it is ongoing, you may decide to file a lawsuit.
Conclusion
You now have a better understanding of the most common FDCPA violations. If a debt collector contacts you, refer back to this list to ensure they are not violating your rights.
If you identify an FDCPA violation, you have several options to assist in putting a stop to the illegal behavior. You can also seek advice from a FDCPA attorney. They can also represent you if you decide to file a lawsuit against the debt collector.