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Many people require assistance when dealing with debt collectors. They may not recognize that some behavior commonly practiced by some debt collectors is actually debt collection abuse.
The Fair Debt Collection Practices Act, however, was passed in order to protect people from unfair debt collection and debt collection abuse. Here are some common behaviors of violators of the FDCPA.
Debt Collection Harassment
Some people have experienced consistent harassment when dealing with debt collectors. Harassment can include any contact from the debt collector after the consumer sent a written communication telling the collector to cease communications.
If a debt collector persists in communication, it is considered debt collection abuse. Harassment also covers threatening or abusive language from the debt collector.
Furthermore, debt collectors can also only call a consumer between 8 a.m. and 9 p.m. Any phone call outside of that time frame (as well as any persistent phone calls) is a FDCPA violation. The debt collector may be held liable for these actions.
Deceptive Practices
Debt collection abuse includes any action that misleads the consumer into believe that they owe more money then they actually do, that they must pay a debt they do not owe, or that they are communicating with a debt collector through a legal document when they are not.
These are practices reportedly adopted by some debt collectors that are illegal and fall under the category of unfair debt collection.
Improper Communication
The FDCPA prohibits debt collectors from contacting a consumer’s family member, employers, or other connected part in order to reconcile the debt. If a debt collector attempts to contact third parties regarding an individual’s debt, they are guilty of debt collection abuse.
Other unfair debt collection practices may include the following:
- Â False statements and deceptive practices
- Â Threats of lawsuits or arrest
- Â Abusive language
- Â Threatening or deceptive letters
- Â Telephone calls early in the morning or late at night
- Â Robocalls to your cell phone
- Â Communicating with third parties about your debt
- Â Collection of expired debts
- Â Attempts to collect debt that has already been discharged or settled
- Â Attempts to collect a debt you do not owe
- Â Improper debt collection after bankruptcy
- Â Failing to cease communications upon a written request to do so
- Â Reporting false information on your credit report
Dealing with debt collectors may be difficult and frustrating for consumers. It is important to recognize unfair debt collection behaviors and your rights that are protected by the FDCPA.
Debtors may be unaware that the behaviors they are witnessing are in fact against the law. Many individuals have chosen to file an unfair debt collection lawsuit against a debt collection agency for unlawful practices. Plaintiffs may win $1,000 for a FDCPA violation.
Join a Free Unfair Debt Collection Class Action Lawsuit Investigation
If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).
DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.
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2 thoughts onDealing with Debt Collectors: What You Need to Know
I have them calling me so much I have completely turned the ringer on my house phone. They call from multiple numbers so it was easier to just turn it off. I’ve asked them to stop but the won’t. I was being awakened early in the morning also. What can I do next? I have printed my phone bill and it is absolutely unbelievable how much they call.
I have paid my debts too fanny Mae in the amount of 10,000 for schooling .I attended A.C.T training facility in Do than Ala.and compleleted . I was promised that would receive training and job placement . received training no job placement and no repersentive to do follow up as promised.no job ,no follow up,but harassment to continue payment have talk to lawyer