The following is a summary of some of the Federal regulations that debt collectors must follow when attempting to collect a debt. The following is based upon information taken from the Fair Debt Collection Practices Act and is meant to provide a general understanding of the Act itself.

I. Is a debt collector permitted to contact individuals about my debt?
No. A debt collector may only contact individuals to acquire information about your location. There are very strict rules concerning such contact.

A. The debt collector must do the following when contacting such individuals:
  1. identify himself;
  2. state that he is confirming or correcting location information concerning a consumer; and,
  3. only if expressly requested, identify his employer.

B. The debt collector cannot state that you owe any debt.

C. The debt collector cannot communicate with an individual about your location more than once unless requested to do so by the individual or unless the debt collector reasonably believes that the earlier response of the individual was erroneous or incomplete and that the individual now has correct or complete location information.

D. The debt collector cannot communicate by post card.

E. The debt collector cannot use any language or any symbol on any envelope or in the contents of any communication sent via the mail that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt.

F. The debt collector cannot communicate with an individual about your location if the debt collector knows an attorney represents you and the debt collector knows or can easily determine the attorney's name and address. However, if your attorney fails to respond to a debt collector within a reasonable period of time, the debt collector can continue attempts to contact individuals concerning your location.

II. What are the rules that a debt collector must follow when contacting you?
Unless the debt collector has your prior consent or the permission of a court of law, the debt collector is prohibited from doing the following:

1. contacting you at any unusual time or place or at a time or place that the debt collector knows would be inconvenient to you. A debt collector MUST assume that the convenient time for communicating with you is after 8:00 a.m. and before 9:00 p.m.;

2. contacting you AT ANYTIME OR IN ANYWAY if the debt collector knows you are represented by an attorney with respect to the debt, unless your attorney fails to respond to communications from the debt collector; and

3. contacting you at your place of employment if the debt collector knows or has reason to know that your employer prohibits you from receiving such communications.

III. Can I stop a debt collector from contacting me?
Yes, you may take the following steps to prevent such contact:
If you notify a debt collector in writing (via certified mail is recommended) that you refuse to pay a debt or that you wish the debt collector to cease further communication, the debt collector may no longer contact you, except:

a. to advise you that the debt collector's further efforts are being terminated;

b. to notify you that the debt collector or creditor may invoke specific remedies ordinarily invoked by such debt collector; or

c. where applicable, to notify you that the debt collector intends to invoke a specific remedy.

IV. Can a debt collector be held liable for abusive actions or for harassment?
Yes, the Fair Debt Collection Practices Act states that "a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt."

The following conduct by a debt collector is considered a violation of the Fair Debt Collection Practices Act:

1. The use or threat of use of violence.

2. The use of obscene or profane language.

3. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or approved agencies.

4. The advertisement for sale of any debt to coerce payment of the debt.

5. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

6. The placement of telephone calls without meaningful disclosure of the caller's identity.

V. Can a debt collector be held liable for false or misleading representations?
Yes, a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

The following conduct is a violation of the Fair Debt Collection Practices Act:

1. The false representation or implication that a debt collector is vouched for, bonded by, or affiliated with the United States or a State.

2. The false representation of:
  a. The character, amount, or legal status of any debt; or
  b. Any services rendered or compensation that the debt collector may receive for the collection of a debt.

3. The false representation that the debt collector is an attorney.

4. The representation by a debt collector that nonpayment will result in arrest or imprisonment or the seizure or sale of property or wages unless such action is lawful and the debt collector intends to take such action.

5. The threat to take any action that cannot legally be taken or that is not intended to be taken.

6. The false representation that a sale or transfer of any interest in a debt shall cause the consumer to lose any claim or defense to payment of the debt.

7. The false representation that the consumer committed a crime or other conduct with the intent to disgrace the consumer.

8. Communicating or threatening to communicate credit information that is known to be false, including the failure to communicate that a disputed debt is disputed.

9. The use or distribution of any written communication that is falsely represented to be authorized, issued, or approved by any court or agency of the United States or any State, or which creates a false impression as to source, authorization, or approval.

10. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

11. The failure to disclose in the initial communication with the consumer, either orally or in writing, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.

12. The false representation that accounts have been turned over to innocent purchasers for value.

13. The false representation that documents constitute legal process.

14. The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

15. The false representation that a document is not legal process and does not require action by the consumer.

16. The false representation that a debt collector operates or is employed by a consumer reporting agency.

VI. Is a debt collector subject to civil liability for violating the Act?

A. Any debt collector that violates the Act with respect to any person is liable to that person in an amount equal to the sum of the following:
  1. Any actual damages sustained by such person;
  2. Damages as the court may allow, not to exceed $1,000; or
  3. In the case of any successful cause of action against the debt collector, the costs of the action, together with reasonable attorney's fees.

B. A claim against a debt collector must have a legitimate basis. A court may award to a debt collector its attorney's fees if a consumer brings an action against a debt collector in bad faith.

Please contact me if you feel that any debt collector has violated your rights under the law. I will gladly discuss your recourse and possible claims against these debt collectors.