What Debt Collectors Are Prohibited from Doing

San Jose Collection Abuse Attorney

Federal Law Protects Consumers - Fair Debt Collection Practices Act

Back in 1978 the U.S. Congress created the Fair Debt Collection Practices Act, after finding:

"There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy."

Simply put, the FDCPA prohibits any false, deceptive or misleading practices in an attempt to collect a debt. It also prohibits debt collectors from harassing, abusing or annoying consumers. In essence, the FDCPA says a debt collector cannot lie, cheat, steal, or use any unfair practices in an attempt to collect a debt.

More specifically, a debt collector cannot:

  • Engage in any conduct the natural consequence which is to abuse, harass or oppress
  • Call a consumer repeatedly or continuously
  • Call a consumer back after a hang up
  • Call without meaningfully disclosing its identity
  • Yell or scream, use profanity or racial slurs
  • Contact a consumer at work if they know you can't take collection calls at work
  • Fail to stop contacting a consumer after a cease and desist letter
  • Contact someone's relative, neighbors or co-workers (with very limited exceptions)
  • Contact someone represented by a lawyer
  • Make false, deceptive or misleading statements, such as false threats of arrest, lawsuits or wage garnishments
  • Accuse the consumer of having committed a crime in their inability to pay the debt
  • Threaten to take legal action unless they have the actual intention to do so
  • Claim to be connected with a government organization
  • Use unfair and unconscionable tactics in an attempt to collect a debt
  • Misrepresent the amount or character of a debt

Unfortunately, not all debt collectors abide by these rules. If a debt collector or creditor has violated your rights under the FDCPA or California FDCPA you should a San Jose creditor harassment attorney who can protect your rights as a consumer and possibly take legal action against the offending collector on your behalf.

San Jose Collection Abuse Attorney

Wilcox Law Firm, P.C. has over 20 years of experience in protecting consumer's rights. We can help you stop creditor harassment.

Contact a San Jose Collection Abuse Lawyer if a creditor or debt collector has violated the FDCPA law in attempting to collect a debt from you.