What is considered a Violation under FDCPA?
List of your FDFCPA Rights
Under the FDCPA, if a debt collector does any of the restricted activities listed below it is considered a FDCPA violation. It is a FDCPA violation to make misleading or false representation through a phone call, email, voice mail or letter. Misleading information or FDCPA violations can include.
- Threatening to sue or pursue any type of legal action, damage your credit rating, impose any type of property repossession, or wage garnishment which the collection agency does not intend to pursue is a FDCPA violation of consumer's right.
- Mislead the consumer with the amount or the status of the debt.
- Contacting someone other than the actual debt holder or cosigner for debt collection. This can include: neighbors, friends, employer or relatives.
- Calling on multiple occasions at inappropriate times. The FDCPA defines inappropriate times as any contact after 9:00 PM or before 8:00 AM.
- If the collection agency calls an individual at work they may not notify an employer of the reason for the call before being asked.
- Making misleading statements to make an individual believe the collection agency is affiliated with the state of federal government and the debt collection documents are official government documents such as a subpoena or court order to pay.
- Making any type of inappropriate racial slur, insult or obscene comment in letters, calls or emails.
- Making the individual think they have committed some type of crime by failing to pay their debt obligations.
- Collecting information under false pretentions such as conducting "surveys".
- Suing you in a court unusually far from your home.
- Charging interest or fees not allowed under state laws or outlined in contracts.
- Calling an individual at inconvenient locations such as work when an individual has asked the debt collection agency not to call them in either written or verbal form.
- Making threats to violently harm an individual if they fail to pay their debts.
- Publishing the names of the people who fail to pay their debts. This does not include giving the information to a credit reporting agency.
- Using a false company name.
- Providing incorrect information about an individual to someone else.
- Depositing a post dated check early in efforts to get the check to bounce.
- Contacting an individual via postcard.