From time to time, we get questions about the Fair Debt Collection Practices Act, and so I have posted it to this blog entry. In essence, this federal law protects the consumer from harsh and abusive collection practices, allowing him/her to discuss debt issues without being threatened, harassed or humiliated.
This brief outline is hoped to be, for most consumers, a sufficient summary of the most relevant points. Please bear in mind that I have not covered all of the law in its context; I am merely suggesting answers and statutory references for the questions I am most frequently asked in my practice. For your reference, I have placed a highlighted copy of the statute here: Fair Debt Collection Practices Act
Collectors must call during normal hours, 8am to 9pm. In addition, they may not call a consumer when they know he is represented by an attorney, or at the consumer’s place of business when such calls are prohibited. See Section 805(a).
Further, all communication must cease if the consumer writes the collector, unless the communication is to notify the consumer of an impending lawsuit. See Section 805(c). These measures allow common sense structure to the phone contact with the consumer. This is, in my opinion, good for everyone.
In addition, false and misleading representations are banned. Among those commonly used statements are: exaggerating the amount or status of a debt, misrepresenting oneself as an attorney, threatening arrest, threatening a false credit report, or any other “deceptive means of collection”. All of these misstatements are violations of the law. See Section 807.
The collector cannot collect more than is owed, per Section 808. The same section also puts some restrictions on postdated checks. Read that section to become more acquainted with your rights.
Damages under the statute at Section 813 are realistically limited to $1,000 per occurrence plus attorney fees. And the collector who can prove an innocent mistake will be absolved of fault, with no damages awarded to the consumer. Nevertheless, this federal statute places significant limits on the abusive collector, who now must “mind his manners”.
Does this automatically curb all collection abuses? Of course not. But a polite reminder that you are aware of the statute will often lead to a more civil conversation. A more polite conversation is often a more productive one. Ultimately, this is often the best way to save time and money for all parties concerned.