MORE VIOLATIONS UNDER THE ACT:


(The following is a summary of possible violations under the Act for which a debtor or alleged debtor may obtain up to $1,000 as a victim. These violations are simplified in content to make easier to understand. A link is provided below to to the actual Act itself. If you think your rights might be violated, you do not need to search through this list. Contact an FDCPA attorney and they will carefully review the collection company's actions for any possible violation.).


  • You have experienced repeated calls (including computerized automated calls) from a debt collector.
  • A debt collector has informed third parties that you owe a debt.
  • A debt collector has called you before 8:00am or after 9:00pm.
  • A debt collector has failed to identify themselves when calling you or a third party concerning you.
  • A debt collector has engaged in any conduct you found to be harassing, oppressive, or abusive. This includes the making of any type of threats (including threats to "garnish your wages"), use of obscene language, excessive telephone calls, etc.
  • A debt collector has called your place of employment after knowing or having reason to know that your employer has forbade such calls.
  • A debt collectors is attempting to collect an amount (including interest, fees, or collections costs) that were not authorized by your agreement with the original creditor.
  • A debt collector has sent you post cards regarding a debt.
  • A debt collector has sent you mail in which reference to a debt is printed on the outside of the envelope.
  • A debt collector has used any false representation or otherwise deceptive means to collect a debt or obtain information about you.
  • A debt collector has informed a third party that you owe a debt (other than a consumer reporting company).
  • A debt collector has used any language or symbol on an outer envolope mailed to you that indicates that the letter relates to a debt.
  • A debt collector has continued to contact you after you have informed them in writting that you refuse to pay the debt or that you wish to debt collector to cease communication with you. (There are limited exceptions for which the debt collector may still contact you).
  • A debt collector has made threats of violence or other criminal means to harm you, your reputation, or property.
  • A debt collector has used obsence or profane language with you.
  • A debt collector has published your name as someone who allegedly refuses to pay debts.
  • A debt collector has advertised for sale your debt to coerce you to pay the debt.
  • A debt collector has caused your phone to ring excessively, the natural result being to harass.
  • A debt collector has called you without meaningful disclosure of the caller's identity. (Such may be the case when they demand your name or social security number, etc. before they tell you who they are).
  • A debt collector may not use any false or misleading representations or means to collect a debt.
  • A debt collector has falsely represented or implied being vouched for or otherwise affiliated with the federal gov. or any state gov.
  • A debt collector has falsely represented the character, amount, or legal status of a debt.
  • A debt collector has falsely represented that they are an attorney or that any communication is from an attorney.
  • A debt collector has falsely represented that nonpayment of the debt will result in the arrest of any person or the seizure, garnishment, or sale of property.
  • A debt collector threatens to take any action that cannot be legally taken.
  • A debt collector falsely represents that the consumer (debtor) has comitted any crime.
  • A debt collector communicates or threatens to communicate credit information to any person when that credit information is false. (The debt collector must also inform others that the debt is disputed, if such is the case).
  • A debt collector has used any document which falsley simulates a court document or any other governmental document.
  • A debt collector uses any false representation or deceptive means to collect or attempt to collect a debt or to obtain information about the debtor.
  • The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector.
  • The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
  • The false representation or implication that documents are not legal process forms or do not require action by the consumer.
  • A debt collector cannot collect any amount (including any interest, fee, charge, or expense additional to the original amount owed) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
  • The acceptance by a debt collector from any person of a check postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
  • The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
  • Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
  • Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
  • Communicating with a consumer regarding a debt by post card.
  • Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
  • A debt collector fails to provide notice as follows:

Within five days after the initial communication (telephone call) with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing--
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.


  • If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

Note: There are limited exceptions to some of the debt collection activity as provided above. Contact an FDCPA attorney to determine whether a violation of the Act has occurred under your particular circumstances.

See the actual Fair Debt Collection Practices Act in its entirety.

WHAT TO DO IF YOUR RIGHTS HAVE BEEN VIOLATED:


Do you think your rights may have been violated? If so, contact an FDCPA attorney to stop the unlawful collection activity and recover up to $1,000 under federal law. There are attorneys that will take your case without any out-of-pocket cost to you because the law allows attorney's fees to be recovered from the offending debt collection agency.

The following FDCPA attorneys provide representation on a contingency-fee basis (fees paid only from a recovery at no charge to you):

CENTENNIAL LAW OFFICES
Submit a DEBT COLLECTION VIOLATION REPORT to get immediate assistance from an FDCPA attorney. (You will pay nothing for this service).









HOW TO DEAL WITH COLLECTION ACTIVITY EVEN WHEN YOUR FDCPA RIGHTS HAVE NOT BEEN VIOLATED:


In today’s economy, more and more hard workers are facing past due bills they just can’t afford to pay. If you are living under the stress of constantly trying to keep debt collectors at bay and managing your funds in the face of increasing bills, professional help is much more affordable than you might have thought. Often the small fees associated with debtor relief or management programs are vastly outweighed by the hundred or even thousands of dollars saved by negotiated reductions in your balances. Listed below are participating debt relief and management programs. These programs are recommended based on their fee structure. Beware of “debt consolidation” companies that charge you steep fees based on a percentage of debt reduction and demand such fees be paid prior to the actual creditor balances you owe.

 

The following participating firms and agencies offer debtor relief and debt management programs:

CENTENNIAL LAW OFFICES
Our Debtor Relief program will stop all debt collection calls and letters within days. We will review your debts for validity and ensure creditor/collector compliance under federal law. We will also negotiate to reduce balances and restructure payments to put you back on the road to financial stability. Visit Centennial Law Offices here.