YOUR RIGHTS & THE FDCPA: WHEN TO REPORT ABUSIVE DEBT COLLECTION PRACTICES TO THE FTC
March 31, 2016
When debt gets out of control and people have problems making their payments on time, creditors and debt collectors will usually reach out to consumers, trying to get them to resume payments. Just how and when this contact is made, however, is governed by the Fair Debt Collection Practices Act (FDCPA), a federal statute that specifically prohibits a number of “abusive” debt collection practices.
Knowing your rights under the FDCPA – and what constitutes illegal and abusive debt collection practices – is important to protecting yourself and knowing when to fight back and report the violators to the Federal Trade Commission (FTC).
To that end, below are some of the most common examples of how debt collectors may abuse consumers’ rights. If you have experienced any of the following at the hands of a debt collector, it’s time to:
File a complaint with the FTC so that debt collector can be brought to justice.
Consult an experienced debt relief professional at Garcia & Gonzales, P.C. to find out more about your best debt relief options – so creditors and debt collectors stop contacting you altogether.
TOP 6 FDCPA VIOLATIONS: COMMON EXAMPLES OF ILLEGAL DEBT COLLECTION PRACTICES
Contacting consumers before 8 am or after 9 pm in their local time zone – Calling debtors outside during the evening and early morning hours is illegal.
Contacting consumers at work after they have told debt collectors to stop doing this – If you inform a debt collector that you no longer want to be contacted at work, that entity must comply with your request and stop this form of contact.
Contacting third parties and/or telling them about consumers’ debts and defaults – The only third parties that debt collectors can contact and inform about your debts are your spouse and your attorney (if you have either or both).
Contacting consumers about invalid or nonexistent debts – If you never owed a debt collector or creditor money or if you have satisfied your debt obligations to these parties already, it’s illegal for them to contact you again to try to get you repay this debt.
Lying about the nature of the debt and/or who they are – By law, debt collectors are obligated to tell you who they are, who the original creditor is and the truth about the amount of the debt owed. Lying about any of these facts is a violation of the FDCPA.
Using profane, threatening or abusive language when dealing with consumers – Debt collectors cannot threaten or bully you into trying to get you to pay debt. Nor can the threaten to put you on a “bad debt” list, disclose information to your employer or otherwise try to intimidate you to try to compel you pay a debt. These actions are also illegal per the FDCPA.
CONTACT AN EXPERIENCED DENVER BANKRUPTCY ATTORNEY AT GARCIA & GONZALES, P.C.
Are you looking for real relief from serious debt? If so, you can trust the experienced Denver bankruptcy attorney at Garcia & Gonzales, P.C. to provide you with experienced help and honest answers about your best debt relief options.
To learn more about your best debt relief options, as well as how we can help you, contact us today by calling or by emailing us using the contact form at the bottom of this page.
When you contact us, you will communicate directly with one of our attorneys, not a paralegal or legal assistant. We welcome Spanish-speaking individuals to contact us also – hablamos Español.