You Have Rights

The Federal Fair Debt Collection Practices Act protects you. It closely regulates lenders and the collectors who work for them. It and other laws prohibit the use of abusive, deceptive, and other unfair practices when attempting to collect a debt.

The Federal Fair Debt Collection Practices Act

Section 804:

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information and the consumer shall…

1. Identify himself, state that he is confirming or correcting location concerning the consumer, and, only if expressly requested, identify his employer;

2. Not state that such consumer owes any debt;

3. Not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

4. Not communicate by post card;

5. Not use any language or symbol on any envelope or in the contents of any communication effected by mail or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

6. After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other that that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

Section 805:

c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to debt, except….

1.      To advise the consumer that the debt collector’s further efforts are being terminated;

Section 806:

A debt collector may not engage in any conduct with natural consequence of which is to harass, oppress, or abuse any person connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

1.      The use or threat of use of violence or other criminal means to harm the    physical person reputation, or property of any person.

2.      The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

3.      The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act

4.      The advertisement of sale of any debt to coerce payment of the debt.

5.      Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

6.      Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.