FAIR DEBT COLLECTIONS PRACTICES ACT
HARASSMENT
Debt collectors may not harass, oppress, or abuse you or any
third parties they contact. For example, debt collectors may not:
- Use threats of violence or harm;
- Publish a list of consumers who refuse to pay their debts
(except to a credit bureau);
- Use obscene or profane language
- Repeatedly use the telephone to annoy someone.
- Call before 8AM or after 9PM
FALSE STATEMENTS
Debt collectors may not use any false or misleading statements
when collecting a debt. For example, debt collectors may not:
- Tell you that they are attorneys or government
representatives, when in fact, they are not
- Falsely imply that you have committed a crime;
- Misrepresent that they operate or work for a credit bureau ;
- Misrepresent the amount of your debt;
- Indicate that papers being sent to you are not legal forms
when they in fact, are;
- State that you will be arrested if you do not pay your debt;
- Threaten to seize, garnish, attach, or sell your property or
wages, unless the collection agency or creditor intends to
do so, and it is a legal action;
- Threaten that actions, such as a lawsuit, will be taken
against you, when such action legally may not be taken, or
when they do not intend to take such action.
In addition, debt collectors may not:
- Give false credit information about you to anyone, including
a credit bureau.
- Send you anything that looks like an official document from
a court or government agency and is not an official
document.
- Use a false name in their attempts to collect your debt.
UNFAIR PRACTICES
Debt collectors may not engage in unfair practices when they try
to collect a debt. For example, collectors may not:
- Collect an amount that is greater than your debt, unless
your state law permits such a charge
- Deposit a post-dated check early or use deception to make
you accept collect calls or pay for telegrams;
- Take, or threaten to take your property unless this can be
done legally, or contact you by postcard.
Fair Debt Collection Practices Act