Debt Collectors and FDCPA Violations: What To Do?

One thing that always surprises me is that people feel so powerless against rogue debt collectors. They literally have no clues about their rights under the Fair Debt Collection Practices Act. This law – and it is a federal law – governs the conduct of collection agencies when they are trying to collect a debt. In fact each violation of the provisions can bring a $1000 in statutory damages, actual damages, recover garnished wages, cover your attorney’s fees and litigation costs, and the debt collector can be held accountable. Even third parties, such as family members or coworkers who have been harassed during the collection company’s pursuit can take them to court.

The entire idea behind the act was to empower consumers to strike back at unfair practices. You can also file a complaint with the Florida Office of Financial Regulation, the Consumer Financial Protection Bureau, and with the Federal Trade Commission. Moreover, you can report and sue creditors if they provide false information about your debt as in the case of Nelson versus Chase Manhattan. You can also sue credit bureaus if they refuse to correct your credit report after being provided proof of an invalid debt, such as in the case of Cushman versus Trans Union, and take additional actions under various sections of the Fair Credit Reporting Act and the fair debt collection practices act. Those are some mighty big guns on your side.

Some of the most typical FDCPA violations include:

• Calling before 8 AM or after 9 PM – and, no they can’t keep calling you just because they are in a different time zone and it’s between 8 AM and 9 PM where they are.
• Calling you at work, or calling your coworkers.
• Contacting parties other than your legal spouse.
• Trying to collect a debt that is not valid or collect an amount that is not owed.
• Lying about being from a governmental, law enforcement, or other agency.
• Threatening you with arrest unless you immediately pay your debt.
• Using abusive or profane language, shouting and screaming.
• Threatening to embarrass you by publicly airing the debt.
• Tell you that you owe interest, servicing fees, or other expenses.

You must document the harassment. I know this is difficult to do when you are under stress. You will need to get basic information from the person calling you – such as company name, their name, telephone number, extension, and creditor for whom they are allegedly collecting the debt. You will need to note your attempts to stop the harassment, to verify the debt, and that they are in violation of the law. One word of caution, Florida is a two-party consent state when it comes to recording telephone calls. It is a crime to record a telephone conversation unless all parties agree to the recording.

If you are having real problems with the debt collector, and feel out of your depth, please give us a call and arrange for a free consultation at our office. I know that we can help you.

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