October 25, 2014
Picking up where Your Rights against Abusive Debt Collectors: The Fair Debt Collection Practices Act (Pt. 1) left off, below, we continue to discuss your rights as a borrower, according to the terms of the FDCPA. While the first part of this blog series provided some general info, here we will take a closer look at what debt collectors are not legally allowed to do when contacting you about an outstanding debt.
Prohibited Actions per the Fair Debt Collection Practices Act
According to the Fair Debt Collection Practices Act, debt collectors are specifically not permitted to do any of the following when trying to contact you and/or when communicating with you:
Contact you between the hours of 9 pm and 8 am in your local time zone
- Continue to make an effort to contact you once you have clearly stated (in writing) that you do not want to be contacted by the debt collector any more (Though this won’t resolve the debt in question, you can request that debt collectors stop contacting you about a particular debt.)
- Call you incessantly and/or repeatedly to try to irritate and/or harass you
- Call you after you’ve already informed a debt collector that you are being represented by a lawyer (and that all future communications about an alleged outstanding debt should go through your attorney)
- Call you at work after you have specifically informed a debt collector that you no longer want to be contacted at your place of employment
- Lie about who they are and/or the nature of your debt (In other words, debt collectors can’t deceive you by stating they are lawyers or other officials, and they can’t lie to you about the amount you owe.)
- Use any abusive, profane and/or inappropriate language when discussing your alleged debt.
There are a number of other prohibited actions per the terms of the Fair Debt Collection Practices Act, and the Federal Trade Commission outlines these directly here.
It’s important to point out also that the FDCPA does specify some things that debt collectors MUST do when contacting you about debt. We’ll go over these things in the third part of this blog series that will be posted soon – be sure to check it out!
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