Your Rights Under the FDCPA
Your rights, as a consumer owing a debt being collected by a third party debt collector, are phrased in terms of prohibited conduct - those acts that are forbidden by law. You may be entitled to monetary damages for violations of the FDCPA, as well as injunctive relief (an order of the court forcing the collector to stop the illegal conduct).Those prohibited acts include:
Contacts
- contacting you earlier than 8:00 AM or later than 9:00 PM, your time, by telephone
- contacting you by any method after you've given the collector a written notice stating either that you wish no further contact or that you refuse to pay (exception: the collector is entitled to one last communication stating its intent to either terminate efforts or to file suit)
- contacting you at your job, after you've told them it's not acceptable (this can be done either in writing or orally)
- contacting you after you've sent a written request to the collector to (A) validate the debt, up until the point validation is given
Content of Contacts
- making any misrepresentation concerning the debt
- using deceptive statements to collect the debt
- threatening any legal action that the collector doesn't actually intend to follow up on (i.e., arrests, lawsuits, etc.)
- using profanities or abusive language
Other Prohibited Acts
- publishing your name or contact information as an uncollected debt
- slapping your account with fees or charges that aren't allowed by law
- making any disclosure about the existence of nature of the debt with any other person, except for your spouse and your lawyer
- sending false information to one of the credit reporting agencies for inclusion on your credit report, or making a threat to do so
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The Law Office of Sheryl Sisk Schelin is a debt relief agency under the laws of the United States, including the Bankruptcy Code, and assists its clients by helping them to file for relief under the Bankruptcy Code, among other solutions, and as appropriate to their individual needs.