Written by attorney David A Schuck

Fair Debt Collection Practices Act (FDCPA)

Debtors can recover up to $1,000 for violations of the FDCPA. A debt collector (someone other than the person you owe money) violates the FDCPA when it performs a laundry list of improper acts. Surprisingly many, if not most debt collectors regularly violate this law. They do so because collection efforts are improved. Some of the things they can do that violate the FDCPA are:

  1. Making false statements to the debtor to induce payment;

  2. Calling, or making a phone ring repeatedly;

  3. Failing to provide the required written notice after first contact;

  4. Failing to put the correct information in the initial letter;

  5. Placing demands in the initial letter that hide or override the legal notice the letter is required to give;

  6. Contacting friends or family when they already know how to contact you;

  7. Telling friends or family that they are debt collectors trying to collect a debt from you;

  8. Calling your work when you have informed them that you are not allowed to receive calls at work;

  9. Communicating with co-workers regarding your debts (except sending garnishments);

  10. Attempting to collect more than what is owed; and

  11. Acting, or pretending they have authority granted by the government to collect this debt. (fake police; tax authority, etc.)

There are many more ways to violate this statute. If you feel you are being harrassed, you should contact an attorney and see if the actions violate the FDCPA. If you are in Oregon, there is also an Oregon statute which is similar to the FDCPA, but slightly different.

problem is the methods are succuessful

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