The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or debt owed for business or agricultural purposes.
The FDCPA covers the collection of debts that are primarily for personal, family, or household purposes. It doesn't cover business debts, and it also doesn't generally cover collection by the original creditor or business you owed money to.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
False or misleading representations. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Threaten, slander or harass
Obscene language, threats to sue (unless they are actually pursuing legal action), law enforcement threats, name-calling, aggressive language. threatening harmful behavior, and otherwise harassing behavior is prohibited by the FDCPA.
1. Harassment and Abusive Language. Among the most common FDCPA violations, harassment sits as one of the worst. Debt collectors may employ aggressive tactics in the hopes that you will become afraid and agree to pay the debt, just to end the abuse.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
The FDCPA and Regulation F apply only to the collection of debt incurred by a consumer primarily for personal, family or household purposes. They do not apply to the collection of corporate debt or to debt owed for business or agricultural purposes.
Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
Your creditors can transfer and sell your debt to a collection agency without your permission. However, the collection agency must contact you about the sale before attempting to collect the debt.
Even though your card issuer "writes off" the account, you're still responsible for paying the debt. Whether you repay the amount or not, the missed payments and the charge-off will appear on your credit reports for seven years and likely cause severe credit score damage.
The FDCPA covers household debts, including credit card debt, car loans, medical bills, student loans, and mortgages. Business debts are not protected under the FDCPA.
Demands for monetary amounts that are not contractually legal – Nearly 40 percent of all reported FDCPA violations involved creditors who were trying to collect monetary amounts that were greater than the amount that the debtor actually owed.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.
A debt collector cannot lie or use deceptive practices to collect a debt. They cannot falsely claim to be attorneys or government representatives, misrepresent the amount you owe, falsely claim you've committed a crime or threaten legal action they cannot or do not intend to take.
The Debt Collection Rule prohibits a debt collector from communicating or attempting to communicate with a person, in connection with the collection of a debt, through a social media platform if the communication or attempt to communicate is viewable by the general public or the person's social media contacts.
The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover "actual damages". The most common form of actual damages in fair debt collection cases is emotional distress (such as anxiety, fear, nervousness and loss of sleep).