Prohibited Debt Collection Practices
Debt collectors often use harassing, abusive, false, and/or misleading tactics to attempt to collect on an alleged debt. While the list of prohibited practices is extensive, following are those most commonly committed.
Debt collectors may NOT contact you:
- At any unusual time or place before 8 a.m. or after 9 p.m.
- After he/she is aware that you are represented by an attorney
- At your place of employment if your employer prohibits such communications
- After written notification that you refuse to pay debt
- After written notification to cease all further communication
Debt collectors may NOT harass or abuse you by:
- Threatening or using violence or other criminal means to harm you and/or your property
- Using profane or abusive language
- Publishing a list of consumers who allegedly refuse to pay debts
- Calling you repeatedly
- Contacting you without disclosing their identity
- Contacting anyone except you, your attorney, or a credit bureau
Debt collectors may NOT make false, deceptive or misleading representations such as:
- Falsely implying affiliation with the United States or any state, including the use of any badge and/or uniform
- Misrepresenting the amount or legal status of the debt
- Leading you to believe he/she is an attorney or that the communication is from an attorney
- Leading you to believe that nonpayment will result in imprisonment, seizure or garnishment
- Threatening to take any action that cannot legally be taken or that is not intended to be taken
- Leading you to believe that you've committed a crime
- Sending a collection letter or leaving a voicemail that fails to contain the mini-Miranda warning: "THIS IS AN ATTEMPT TO COLLECT A DEBT. COMMUNICATION IS FROM A DEBT COLLECTOR"
- Falsely stating documents are "legal process" when they are not
- Misrepresenting themselves as being employed by a consumer reporting agency
- Communicating false credit information, including failure to communicate to credit bureaus that a debt is disputed
Debt collectors may NOT employ unfair methods such as:
- Attempting to collect an amount not authorized by the creditor or permitted by law
- Accepting or soliciting your check postdated by more than 5 days without 3 business days written notice of intent to deposit
- Depositing or threatening to deposit your post-dated check prior to its date
- Causing any charges to be made to you, e.g., collect telephone calls, usage of cell phone minutes
- Taking or threatening to unlawfully repossess or disable your property
- Communicating with you by postcard
- Displaying any language or symbol on the envelope indicating the communication concerns debt collection
Debt collectors MUST:
- Within 5 days of initial communication, provide you with a 30-day validation notice containing:
- The amount of the debt
- The name of the original creditor to whom debt is owed
- A statement that, unless you dispute the validity of the debt or any portion of it within 30 days after receipt of the notice, the debt will be assumed to be valid
- A statement that, if you notify the debt collector in writing within the 30-day period that the debt or any portion is disputed, the debt collector will obtain verification of the debt or a copy of the judgment against you and a copy will be mailed to you
- A statement that the debt collector will provide you with the name and address of the original creditor (if different from the current creditor) upon your request within the 30-day period
- A statement that the communication is from a debt collector attempting to collect a debt and that any information will be used for that purpose
- Cease collection efforts until the debt is validated
What you should do if you're contacted by a debt collector:
- Keep all letters, envelopes and notices from collection agencies.
- Save voice mails and phone messages.
- When speaking with a debt collector, keep notes of your conversation, including the date and time of the call.
- Contact us so that we can help you recover damages.
We can help. For a FREE evaluation to determine if you have a case, click on the quick contact link below or you can call us toll-free. Send us (by email, fax or US mail) letters you've received from collection agencies or lawyers. If you do have a case and we represent you, our services will cost you nothing unless you recover damages. We don't get paid until we win.