A debt collector also can't harass, oppress, or abuse you or anyone else you contact. This includes repetitive phone calls intended to harass, the use of obscene or profane language, and threats of violence or harm. Among the most common violations of the FDCPA, harassment is one of the worst. Debt collectors may employ aggressive tactics in the hope that you will feel afraid and agree to repay the debt, just to put an end to the abuse.
Legally, they can't use profane language, yell at you, or insult you. Debt collectors know that you don't have to interact with them the way they would prefer. Therefore, one of the most common violations of the FDCPA includes misrepresenting your identity or making false statements to obtain false authority. Debt collectors must identify themselves and provide you with accurate information about the debt in question.
If a debt collector unintentionally contacts a third party when trying to collect a debt, they must follow the rules to avoid the most common FDCPA violations. They can't harass their family, friends, or co-workers. Sometimes, debt collectors threaten to impose fines or illegal expenses, making these practices one of the most common FDCPA violations. Debt collectors can only charge interest, fees, and other expenses under the original debt agreement.
They can't add charges, threaten to garnish your salary without a court order, or pressure you to file a check with a later date. Attempting to collect old debts can create one of the most common FDCPA violations. Debt collectors cannot threaten to sue you for debt collection outside the statute of limitations for lawsuits in your state. Nor can they threaten to declare debts to their credit that have passed the seven-year limit or to declare old debts as new.
New Jersey Office One University Plaza Suite 620 Hackensack, NJ 07601 New York Office 680 Central Ave Suite 110 Cedarhurst, NY 11516. Do they repeatedly contact you to tell you about debts you paid, canceled in bankruptcy, or never owed in the first place? If so, the debt collector is breaking the law, as described in the Fair Debt Collection Practices Act (FDCPA). The most common FDCPA violation involves a debt collector trying to collect a debt that was canceled in a previous bankruptcy case. If you believe that your rights under the FDCPA have been violated or you are facing aggressive and unfair debt collection practices, it is crucial that you seek the guidance of an experienced debt defense attorney. In Florida, debtors who violate the FDCPA or the FCCPA can apply a remedy under both laws.
These are some examples of what the FDCPA would consider a prohibited practice used to collect a debt. Most importantly, this summary of FDCPA violations does not cover all of the laws involved in this topic or the factors that may compel the enforcement of those laws. Any provision of a contract that seeks to waive FDCPA rights is considered null and unenforceable (15 USC § 1692n). If you win a lawsuit against a debt collector for violating the FDCPA, the collector may have to pay the actual damages, that is, the amount of money that has lost.
Among the most common FDCPA violations, many debt collectors attempt to collect debts without first validating them. The Federal Trade Commission (FTC) monitors and regulates violations of the Fair Debt Collection Practices Act (FDCPA), a law designed to protect consumers from potential abusive and harassing behavior by creditors to collect debt. Any false statement about the nature, amount, or legal status of the debt owed constitutes a violation of the FDCPA. Each year, the FTC issues a report to Congress on the types of FDCPA violations that consumers have filed against creditors, as well as the methods the agency has used to enforce the law.
The CFPB files complaints about FDCPA violations and helps consumers resolve problems with debt collectors who break the law. FDCPA violations can have significant consequences for debtors, as they can cause excessive stress, financial damage and disruption to their lives daily.
