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  Examples of FDCPA Violations  
 

There a many things that a debt collector often does or fails to do that violate the FDCPA.  Here are just a few examples:

  1. Fail to warn the debtor that the communication is from a debt collector and that any information obtained will be used to collect a debt.
  2. Fail to warn on all subsequent communications that they are from a debt collector.
  3. Call the debtor an unreasonable number of times in a period of time or after they have been instructed to stop calling.
  4. Use profane, foul, or obscene language.
  5. Make racial, religious, or sexual slurs.
  6. Yell or scream at the debtor.
  7. Engage in name calling.
  8. Falsely threaten a lawsuit.
  9. Falsely threaten to ruin a debtor’s credit.
  10. Threaten criminal charges, prosecution, or jail.
  11. Pretend he or she is calling from a government agency, police department, or court.
  12. Pretend he or she is an attorney or calling from a law firm.
  13. Falsely threaten wage garnishment.  
  14. Contact the debtor’s employer and discuss the debt with a supervisor or co-worker.
  15. Leave any message with any employee of the debtor’s employer.
  16. Leave artificial or pre-recorded messages on the cell phone of the debtor or another person.
  17. Attempt to collect a debt from a debtor’s spouse or relative.
  18. Contact a debtor’s, spouse, relative, or neighbor to discuss or disclose the debt.
  19. Threaten violence.
  20. File frivolous or improper lawsuits against the debtor.
  21. Misrepresent the amount of debt owed.
  22. Attempt to collect a debt that has been paid, settled, or discharged in bankruptcy.
  23. Call before 8:00 a.m. (local time) or after 9:00 p.m. (local time).  
  24. Make false promises to the debtor in order to trick them into paying money.  
  25. Lie about his or her identity of the identify of his or her company.  
  26. Leave telephone messages discussing the debt where somebody other than the debtor may hear the message.  
  27. Fail to properly advise the debtor of their right to demand validation and verification of the debt.
  28. Contact a debtor who is represented by an attorney.  
  29. Do anything that is unfair or deceptive.

If any of the above have happened to you or if you were in any way harassed or treated unfairly by a debt collector, you should contact us immediately.  If you are able to prove in court that a debt collector violated the FDCPA, you are entitled to up to $1,000.00 in statutory damages, payment for any actual damages including emotional distress, and payment of your attorney’s fees and costs.

 
     
 
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