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Home  >  Legal  >  Research Legal Advice  >  What Are The Three Types Of Fair Debt Collection Practices Act (FDCPA) Violations?
John Griffin Watts

What Are The Three Types Of Fair Debt Collection Practices Act (FDCPA) Violations?

Written by: John Griffin Watts

Contributor Level 14
Bankruptcy Debt Collection Fair Debt Collection Practices Act
Posted about 2 years ago. 1 helpful vote, 0 comments
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1

Lying to consumers in collecting a debt

This makes sense - if a collector uses deception . . . lies . . . to collect a debt then that just strikes us as being wrong. Sometimes abusive collectors will say "If you don't pay this debt, we will have you arrested." Or "we will garnish your bank account tomorrow" when the collector doesn't have a judgment so can't garnish. Sometimes we find collectors who claim they will "put this 10 year old debt on your credit report for the next 10 years" when debt that is more than 7 years in default must be deleted from our credit reports. Any statement that a collector makes should be examined to see if it is true or instead if it is a lie.

2

Being unfair to consumers

Think about your common sense of decency as a person . . . the FDCPA generally mirrors that and requires debt collectors to be decent people. Don't call at hours you know are inconvenient. Don't call neighbors ("block parties" or co-workers ("office parties"). Don't refuse to leave the Mini-Miranda warning - "This is a debt collector and an attempt to collect a debt." Debt collectors can't ignore "cease and desist" letters. Can't sue you after the statute of limitations has expired. There are many other examples but these will give you a sense of "unfair" acts which are prohibited by the FDCPA.

3

Treating consumers with a lack of respect or dignity

What does this mean? Think about what your mother taught you when you were a child . . . don't be mean to people. Don't insult people. When debt collectors curse and use profanity. When debt collectors use racial slurs. . . or call people from Alabama "inbred rednecks" . . . or tell Hispanics they will be deported if they don't pay the debt collector. Calling someone 5-10 times a day just to annoy them . . . all of these are examples of treating consumers with a lack of respect and in an undignified way.

4

Conclusion

The FDCPA prohibits conduct that strikes you in your gut as "wrong" or "improper" by a debt collector. Lying certainly qualifies. Treating consumers in an unfair way counts as prohibited conduct. Showing a lack of respect or treating folks with a lack of dignity also is wrong under the FDCPA. There are always new specific ways of collectors violating the law and the FDCPA stands ready as an insightful piece of legislation to prohibit misconduct on the part of collectors that want to treat consumers unfairly and gain an unfair advantage over honorable collectors.

Additional Resources

FAQ On Debt Collector Violations

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