Understanding FDCPA Violations: 4 Common Debt Collector Mistakes

When a debt collector engages in FDCPA violations, it violates the debt collection laws outlined in the Fair Debt Collection Practices Act. Consumers have the right to file a civil lawsuit against debt collectors that violate their rights while attempting to collect a debt.

Calling at Odd Hours

A debt collector may only call you between 8 a.m. and 9 p.m. Because the time frame for collection calls applies only to your time zone, a collection agency cannot justify its 11 p.m. telephone call by claiming a time zone difference. Debt collectors also may not call you repeatedly with the intent to harass you.

Threatening the Debtor

The FDCPA strictly prohibits debt collectors from threatening to physically injure you or those you love if you refuse to pay your debt. It also does not allow debt collectors to threaten to seize property you own.

Using Vulgar Language

Debt collectors may not swear at you or use language that is considered vulgar either during a telephone call or in written demands for payment.

Continuing Collection Activity

If you submit a written request to the collection agency demanding that it stop contacting you, the FDCPA only allows the company to contact you to inform you that collection activity will immediately cease or that it intends to seek a specific remedy to collect the debt (such as legal action). Continuing to call you or send you collection letters after your request that such communication cease is a clear violation of the FDCPA.