A Laundry List of Debt Collection Violations

Michael Stephen Agruss

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Debt Collection Attorney

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Posted over 2 years ago. 1 helpful vote

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The Fair Debt Collection Practices Act (FDCPA) as been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Below is a laundry list of debt collection violations.

  1. A debt collector continues to call me after I told the debt collector to stop calling me.
  2. A debt collector called me before 8:00 a.m. or after 9:00 p.m.
  3. A debt collector was abusive, offensive, or used profane language.
  4. A debt collector continues to call me after I told the debt collector that I do not owe the debt.
  5. A debt collector threatened violence, physical harm, or to ruin my reputation.
  6. The collection agency did not send me a debt notice letter within 5 days of the initial communication.
  7. A debt collector called me at work even though I told the debt collector to stop calling me at work, because my employer prohibits such calls at work.
  8. The collection agency did not disclose that the communication was from a debt collector. In other words, the collector must state, “this communication is from a debt collector," in all communications, including in voicemail messages.
  9. The collection agency did not identify the company’s name. In other words, the collector must state, “this is XYZ Company calling," in all communications, including in voicemail messages.
  10. A debt collector called third parties (family, friends coworkers, employer, or neighbors) despite the fact that the collector knew my contact information.
  11. A debt collector told a third party (family, friends coworkers, employer, or neighbors) that I owe a debt.
  12. A debt collector continues to call me after I mailed the collection agency a cease and desist letter.
  13. A debt collector threatened to file a lawsuit against me, but does not intend to do so.
  14. A debt collector threatened to garnish my wages, but does not intend to do so.
  15. A debt collector threatened to report me to the credit bureau, but does not intend to do so.
  16. A debt collector threatened to put a lien on my property, but does not intend to do so.
  17. A debt collector threatened to repossess my car, but does not intend to do so.
  18. A debt collector made any empty threat.
  19. A debt collector threatened to issue a warrant for my arrest and/or have me arrested.
  20. A debt collector accused me of committing a crime.
  21. A debt collector gave me the impression he was a lawyer and/or calling from a law firm.
  22. A debt collector gave me the impression he worked for the government.
  23. A debt collector threatened to file a lawsuit against me even though the debt is beyond the statute of limitations.
  24. A collection agency sued me in a location where I do not live.
  25. A debt collector continues to communicate with me even though the collector knows I have a lawyer.

A debt collector who fails to comply with any provision of the FDCPA is responsible for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs.

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Agruss Law Firm, LLC

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