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There a many things that a debt collector often does or fails to do that violate the FDCPA. Here are just a few examples:
- 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.
- Fail to warn on all subsequent communications that they are from a debt collector.
- Call the debtor an unreasonable number of times in a period of time or after they have been instructed to stop calling.
- Use profane, foul, or obscene language.
- Make racial, religious, or sexual slurs.
- Yell or scream at the debtor.
- Engage in name calling.
- Falsely threaten a lawsuit.
- Falsely threaten to ruin a debtor’s credit.
- Threaten criminal charges, prosecution, or jail.
- Pretend he or she is calling from a government agency, police department, or court.
- Pretend he or she is an attorney or calling from a law firm.
- Falsely threaten wage garnishment.
- Contact the debtor’s employer and discuss the debt with a supervisor or co-worker.
- Leave any message with any employee of the debtor’s employer.
- Leave artificial or pre-recorded messages on the cell phone of the debtor or another person.
- Attempt to collect a debt from a debtor’s spouse or relative.
- Contact a debtor’s, spouse, relative, or neighbor to discuss or disclose the debt.
- Threaten violence.
- File frivolous or improper lawsuits against the debtor.
- Misrepresent the amount of debt owed.
- Attempt to collect a debt that has been paid, settled, or discharged in bankruptcy.
- Call before 8:00 a.m. (local time) or after 9:00 p.m. (local time).
- Make false promises to the debtor in order to trick them into paying money.
- Lie about his or her identity of the identify of his or her company.
- Leave telephone messages discussing the debt where somebody other than the debtor may hear the message.
- Fail to properly advise the debtor of their right to demand validation and verification of the debt.
- Contact a debtor who is represented by an attorney.
- 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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