Unfair Practices of Debt Collection Under The FDCPA

The Fair Debt Collection Practices Act or the FDCPA lays specific guidelines for the collection agencies that they have to follow. These directions and instructions prevent the collector from getting involved in an offensive or fraudulent practice. Some of the acts restricted by the FDCPA are below:

Conversation with Third Parties

Usually, a collection company is not allowed to communicate with any third party about your credit. However, some exceptions to this rule are there.

  1. An Attorney: If an attorney and the collecting company knows it, the company ought to only talk to your attorney and not you.
  2. A debt is addressing the organization.
  3. The actual grantee.

The collectors may converse to your spouse or parents and your co-debtors, But only if you allow them to do so.
Communication with you
At first, the debt collector needs to specify that they’re trying to collect a debt, and any of the information gotten from you can be used to fulfill the purpose. Also, the collector needs to inform you of the collection agency as well as his or her name.
A collector cannot contact you if you are at duty or at any odd or uncomfortable time, such as late nights or early mornings.

Persecute or Defame

A collection company or agent ought not to blame, curse, or distress you. Precisely, they cannot terrorize or harm you or your reputation or property. They are also required not to use any of the abusive or obscene words. Harassment is not at all acceptable in any way.

Misleading representations and unfair practices

A collection agency cannot lie in any way. It can’t pretend to be an enforcement or government agency. They cannot threaten you by stating that you can be put behind the bars, or your property can be seized. In addition to this, they cannot state it as a crime and distress you by sending repeatedly sending a letter such as “Final Warning”. The collection agency cannot add any additional fees or charges that were not mentioned during the agreement.

How to deal with someone who scares you to Sue

A creditor may threaten you and bring a lawsuit against you so as to force you to pay the debts. According to law, collection agencies can sue those who are on debt along with additional interests and penalties. While dealing with such a situation you need to know the following guidelines.

  1. At first, you need to know whether the creditor is in legal guidelines. If not, it may be considered harassment.
  2. If it is a case of harassment you may file a complaint with FTC (Federal Trade Commission). If found guilty the creditor’s license may get canceled.
  3. In addition to this, you may discuss your matter with the creditor to resolve it. You may tell him that you have filed for bankruptcy.
  4. You may send a letter to the creditor to no longer contact you. According to laws, he may not contact you but may opt to sue you.

Hiring a Debt Attorney

You may look into a number of factors before hiring a professional who may deal with your case. Having an attorney will help you to reduce the number of calls by the creditor and the collector company. An experienced professional will do the best for your interests without entering into any legal conflicts. An additional benefit of hiring an attorney is that it helps you to achieve the best settlement options as the creditor now knows you have a legal professional representing you. All the legal documents can be prepared by your attorney so that no conflicts arise at a later date regarding any payments.  If you think you are being harassed by debt collectors or creditors do give us a call and let a professional attorney deal with the inconvenience of dealing with them.  Our main office is located in Gainesville, please call 352-505-8900. to schedule an appointment.


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