How the FDCPA protects consumers against debt collectors

April 2, 2009 by Todd Murray · Leave a Comment 

The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits certain conduct by debt collectors. Its important to understand that the FDCPA only applies to communications with “debt collectors” (ie. not the original creditor collecting its own debt) and to “consumer debts” (ie. not business debts). Under the FDCPA, a debt collector is forbidden from doing any of the following:

  • Communicate with you at inconvenient times or places. Inconvenient times are generally considered to before 8:00 a.m. and after 9:00 p.m., local time where the consumer is located
  • Contact you directly if the debt collector knows you are represented by an attorney
  • Communicate with you at work if you tell the debt collector not to call you there, or if the debt collector knows that you cannot receive calls at work

1207317462_ad106a3ede

  • Contact third parties and inform them you owe a debt
  • Communicate with you after you’ve requested that the debt collector stop calling you
  • Engage in conduct that is harassing, oppressive, or abusive to you
  • Threaten you with violence or other criminal behavior
  • Use obscene, profane, or abusive language
  • Use false, deceptive, or misleading representations or collection methods
  • Threaten to take legal action if there is no intention or authority to do so
  • Falsely imply an affiliation with a government
  • Falsely represent the amount, character, or legal status of a debt
  • Falsely imply that the debt collector is an attorney
  • Imply that non-payment will result in arrest or imprisonment
  • Collect any amount that is not legally owing

This is not an exhaustive list, and there may be exceptions to some of the general prohibitions.

If you’re dealing with debt collectors, make sure to download and use my free debt collection call log so that you can document all of the debt collectors’ communications. And if the debt collector does anything that you think was unfair; untrue; or harassing, oppressive, or abusive, please contact me to discuss the situation further. I offer a free case review for all FDCPA cases and if I agree to handle your case, you won’t have to pay me any money up front. My fees come from the money I recover from you if you win your case or accept a negotiated settlement.

(photo: g-na)

Share and Enjoy:
  • Print this article!
  • Facebook
  • Digg
  • TwitThis
  • del.icio.us
  • StumbleUpon
  • Technorati
  • NewsVine

About Todd Murray
I'm a consumer rights lawyer in Minneapolis, Minnesota. I sue debt collectors that harass and abuse people, defend debt collection lawsuits, and sue repossession companies that wrongfully repossess cars and trucks.

Please Share Your Thoughts

I welcome your comments, but I will not approve them unless you include your real name. In other words, if you're not willing to put your name on something you write, I'm not willing to publish it on this blog. And please don't post questions about your personal legal problem in this public forum. I recommend discussing your situation privately with a lawyer of your choice. If you live in Minnesota, feel free to use the contact form in the upper right corner of this page to request an initial consulation with me.