Debt collectors often use illegal tactics to collect debts, which can lead to financial and emotional distress for individuals.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates debt collection practices.
Debt collectors are prohibited from making false or misleading statements about a debt, including the amount owed or the consequences of not paying.
They can't threaten to sue or arrest someone for debt collection purposes.
Debt collectors must provide written notice of the debt, including the amount owed and the creditor's name, within five days of initial contact.
This notice must also include information about the consumer's right to dispute the debt and request validation.
Ignoring a debt collector's calls or letters can't be used as evidence of liability.
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What Debt Collectors Can't Do
Debt collectors are regulated by laws that prevent them from engaging in unfair or deceptive practices. They can't call you before 8:00 a.m. or after 9:00 p.m.
Debt collectors must identify themselves during a phone call and not misrepresent who they are and who they work for. They can't falsely imply the amount of the debt you owe or any legal action that can be taken against you.
If a debt collector is aware that an attorney represents you, they must direct all communications regarding the debt to your attorney. They can't contact you at a place or time that is inconvenient to you.
Debt collectors can't engage in conduct that is intended to harass, oppress, or abuse you or anyone they contact about your debt. This includes making repeated phone calls to annoy you, using threats or intimidation, or using bad language when communicating with you.
Here are some specific things debt collectors can't do:
- Call you more than once a week at work and must stop calling you at work if you ask.
- Call you before 8:00 a.m. or after 9:00 p.m.
- Contact you at work if they know your employer does not allow you to receive communication at work.
- Use profane language or threaten violence against you or your family.
- Make false statements or misrepresentations when attempting to collect debts.
- Publish your name or information related to your debt in an attempt to coerce you to pay.
If you feel like a debt collector is violating any of these rules, you can file a complaint with the Maryland Attorney General's Consumer Protection Division or the Consumer Financial Protection Bureau.
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Debt Collection Laws and Regulations
Debt collectors must follow certain procedures to collect on a debt. They must identify themselves during a phone call and not misrepresent who they are and who they work for. Debt collectors are not allowed to falsely imply the amount of the debt you owe or any legal action that can be taken against you.
Debt collectors must also follow specific time limits for contacting you. They can only contact you between 8:00 a.m. and 9:00 p.m. and not continually call your phone or harass you. They are also not allowed to threaten violence against you or your family or use profane language.
Here are some examples of debt collection tactics that are considered fraudulent:
- Using a false name or identification
- Misrepresenting the amount of the debt or its judicial status
- Sending documents to a debtor that falsely appear to be from a court or other official agency
- Failing to identify who holds the debt
- Misrepresenting the nature of the services rendered by the collection agency or the collector
- Falsely representing that the collector has information or something of value in order to discover information about the consumer
- Trying to collect more than the amount originally agreed upon
Abusive Tactics
Debt collectors are not above the law, and there are specific tactics they cannot use when trying to collect a debt from you.
Abusive tactics are not only unprofessional, but they can also be illegal. Debt collectors are not allowed to threaten violence or other criminal acts to get you to pay.
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Some debt collectors may try to intimidate you with false accusations, but this is not a legitimate way to collect a debt. They cannot falsely accuse you of fraud or other crimes.
You have the right to be treated with respect and dignity, even when dealing with a debt collector. Debt collectors cannot threaten arrest or repossession without proper court proceedings.
Debt collectors may try to wear you down with repeated or continuous calls, but this is not acceptable. They also cannot make collect telephone calls without disclosing their true name before the charges are accepted.
Here are some examples of abusive tactics that debt collectors cannot use:
- Threatening violence or other criminal acts
- Using profane or obscene language (note: this is not mentioned in the article, but it is a common abusive tactic)
- Falsely accusing the consumer of fraud or other crimes
- Threatening arrest of the consumer, or repossession or other seizure of property without proper court proceedings
- Using the telephone to harass debtors by calling anonymously or making repeated or continuous calls
- Making collect telephone calls without disclosing the true name of the caller before the charges are accepted
Using Fraudulent Tactics
Debt collectors must follow certain procedures to collect on a debt, but some may try to use fraudulent tactics to get what they want.
Using a false name or identification is a red flag, and debt collectors must not misrepresent who they are and who they work for.
Sending documents that falsely appear to be from a court or other official agency is a form of deception, and collectors must not engage in this behavior.
Debt collectors must identify who holds the debt, and misrepresenting the nature of the services rendered by the collection agency or the collector is also a no-go.
Falsely representing that the collector has information or something of value in order to discover information about the consumer is another tactic to watch out for.
Trying to collect more than the amount originally agreed upon is a violation of debt collection laws, and collectors must not engage in this behavior.
Here are some examples of fraudulent collection tactics:
- Using a false name or identification
- Misrepresenting the amount of the debt or its judicial status
- Sending documents to a debtor that falsely appear to be from a court or other official agency
- Failing to identify who holds the debt
- Misrepresenting the nature of the services rendered by the collection agency or the collector
- Falsely representing that the collector has information or something of value in order to discover information about the consumer
- Trying to collect more than the amount originally agreed upon
Violators of the Texas Debt Collection Act are subject to criminal and civil penalties, and you can even seek injunctions and damages against debt collectors if you think you've been harassed or deceived.
Collector Liability
If a debt collector breaks the law, you have several options to take action. You can contact the Maryland Attorney General's Consumer Protection Division or call their hotline at (410) 528-8662.
The Maryland Department of Labor, Licensing and Regulation (DLLR) Commissioner of Financial Regulation is also a good contact to make. Additionally, you can reach out to the Consumer Financial Protection Bureau (CFPB) and/or the Federal Trade Commission (FTC).
If a debt collector violates the Maryland Debt Collection Act, you can file a lawsuit against them. This act covers not just debt collectors, but also individuals and businesses collecting for themselves. Any collector who breaks the law is liable for damages, including emotional distress or mental anguish.
You can also sue under the Federal Act, which covers debt collectors and typically allows for actual damages plus up to $1,000 in extra damages. If you win, you may also be able to get your lawyer's fees back.
Debt collectors have specific procedures they must follow to collect on a debt. Here are some of the key rules they must follow:
- They must identify themselves during a phone call.
- They cannot misrepresent who they are and who they work for.
- They cannot falsely imply the amount of the debt you owe or any legal action that can be taken against you.
- They can only contact you between 8:00 a.m. and 9:00 p.m.
- They cannot continually call your phone or harass you.
- They cannot threaten violence against you or your family or use profane language.
- They can only contact you at work if they cannot reach you at home between 8:00 a.m. and 9:00 p.m.
- They cannot call you more than once a week at work and must stop calling you at work if you ask.
Frequently Asked Questions
What is the 11 word phrase to stop debt collectors?
To stop debt collectors, use the 11-word phrase: "Please cease and desist all calls and contact with me, immediately
Is it illegal to hang up on debt collectors?
Hanging up on debt collectors is not necessarily illegal, but it may not stop them from using other methods to collect the debt. You can still take steps to protect yourself from harassment, but know your rights and options.
Sources
- https://www.ftc.gov/legal-library/browse/cases-proceedings/banned-debt-collectors/list
- https://www.peoples-law.org/debt-collectors-and-law
- https://www.texasattorneygeneral.gov/consumer-protection/financial-and-insurance-scams/debt-collection-and-relief/your-debt-collection-rights
- https://consumer.georgia.gov/debt-collectors-what-they-can-and-cannot-do
- https://www.doj.state.or.us/consumer-protection/credit-loans-debt/debt-collection/
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