fair debt collection collection act? checklist · collection practices by debt collectors and to...
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What is the Fair Debt Collection Act?
The purpose of the Fair Debt Collection Act is to eliminate abusive debt collection practices by debt collectors and to
protect people just like you against debt collection abuses.
We Are Here to Help
__________________________
By contacting the Harrisburg Civil Law
Clinic, you are taking the first step in the right
direction. Our clinic is staffed with attorneys that
are here to help protect your rights and guide you
through the debt collection process.
__________________________
3605 Vartan Way, 2nd Floor Harrisburg, PA 17110
(717) 541-0320
Widener University School of Law Harrisburg Civil Law Clinic
What are my
Fair Debt Collection Act Understanding Debt Collection
and Your Rights
Rights?
ü I have recently been
contacted by a debt collection agency
ü The debt collector has
engaged in behavior that is listed in this brochure
ü Your Next Step:
Obtain legal representation
Fair Debt Collection Act
Checklist
© Michael Carbone
“Truth, Fairness, Dignity and Respect”
v Truth v Fairness v Dignity v Respect
How Do I Know When a Debt Collector is Breaking the Law? Without your permission, a debt collector is prohibited from contacting you at a time or place that is inconvenient.
They may only communicate with you between the hours of 8:00 a.m. and 9:00 p.m.; any time before or after is considered inconvenient and illegal. Also, if you inform a debt collector that it is inappropriate to contact you at work, they are prohibited from doing so. Most importantly, once you are represented by an attorney, a debt collector must stop all further communications. After a debt collector is aware of your attorney’s name and address, they may only contact you with the attorney’s permission. If your attorney does not respond to the debt collector, they may contact you within a reasonable period of time.
Without your permission or the permission of a court, a debt collector may not discuss the
collection of your debt with any person other than you, your spouse
or your attorney. By communicating with anyone else, the debt collector has violated the Fair Debt Collection Act. A debt
collector may only speak to someone in your home for the
purpose of obtaining information about your location. The debt
collector may only speak with this person one time and cannot explain
that you owe any debt.
Debt collectors are prohibited from doing the following:
§ Using threats of violence or harm to you or your property
§ Making false statements regarding the debt
§ Using obscene or profane language
§ Using deception when trying to collect a debt
The Fair Debt Collection Act Maxims
Once you have made the decision, you must contact the debt collector in writing and
explain that you refuse to pay or wish for the contact to end.
The debt collector is then prohibited from additional
contact. However, they may contact you one more time to explain that there will not be any future communication. Also, a debt collector may inform you that they are
seeking legal action against you.
What if a debt collector speaks to someone at my
home?
If a debt collector acts in any way that is against these
maxims, they have violated the Fair Debt Collection Act
and you have the right to take legal action against the
debt collection agency.
What if I refuse to pay my debt?
How do I stop the debt collector from contacting me?
Other ways to spot violations of the Fair Debt Collection
Act: