Fair Debt Collection Practices Act (FDCPA)
If you fall behind on your bills, you probably will be contacted by a debt collector. Debt collectors have a right to attempt to collect, but there are limits on what they can say or do. If they cross the line into illegal collection methods, you may have a claim against them under the federal Fair Debt Collection Practices Act (FDCPA).
The following are examples of conduct that may be in violation of the law:
- Threatening or implying that non-payment of a debt can result in your arrest or imprisonment.
- Calling at work after you have notified the collector that you are not permitted to accept collection calls at work.
- Discussing the fact that you owe a debt with your relatives, neighbors or other third parties, without your permission.
- Mischaracterizing the amount or nature of the debt.
- Making any misleading or fraudulent statement.
- Continuing to contact you about a debt after you have given them your attorney's contact information.
- Suggesting that you cannot eliminate a debt (other than a student loan) by filing bankruptcy.
- Threatening to garnish your wages without a judgment against you, take your house, or take any other action that is not intended or not permitted by law.