What Types of Conduct are Prohibited by the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) prohibits third-party debt collectors from using abusive language, unfair practices, or false and misleading representations to collect a debt. But what does this really mean? The law doesn’t clearly define every illegal word and comment, but experienced FDCPA enforcement lawyer Jibrael S. Hindi can look into your case and help eligible clients obtain money damages after illegal debt collection attempts. Call his national consumer protection team for free at (844) 542-7235 or confidentially contact them online.

Defining Harassment and Abuse During Collections Communications

The FDCPA prohibits debt collectors from engaging in conduct that’s naturally harassing, oppressive, or abusive. The law gives claimants the following examples of illegal abuse and harassment:

• Threatening physical violence
• Using or threatening criminal harm to you, your reputation, or your property
• Making obscene statements and using foul or inappropriate language to the hearer
• Publishing a list of those refusing to pay debts (other than reports to credit agencies)
• Coercing payment by advertising debt sales
• Causing your phone to ring or ping excessively
• Keeping you on the phone and repeating the same information to annoy, abuse, or harass you.
• Hiding or lying about their identity

Importantly, the FDCPA states that this list is not exclusive. This means you might have a claim for money damages against the debt collector even if her conduct doesn’t fit into the above categories.

Engaging in ‘Unfair’ Debt Collection Practices

The law states that debt collectors cannot use unfair methods of collecting debts. This includes various conduct, such as collecting more money than you owe, depositing late checks, hiding their identity and the purpose of the communications, threatening to take your property without authority, or labeling envelopes as debt collection attempts.

Making False or Misleading Statements

One of the most common illegal debt collection practices involves making misleading statements about the debt and the collection agency’s legal rights. Under 15 U.S.C. § 1692(f), the debt collector cannot threaten to have you arrested, represent that he is calling from an attorney’s office, imply you’ve committed a crime, or make documents look like official court orders or government communications. These are only a few examples of the misleading conduct prohibited by the FDCPA. If you believe a debt collector has manipulated you or acted unlawfully in any way, schedule a free case review with an experienced debt collector liability lawyer.

Damages Available for Debt Collection Violations

If a debt collector violated the FDCPA, you might be entitled to demand money from the collection agency. Damages include $1,000 in statutory damages, actual damages incurred due to the unlawful conduct, attorneys’ fees, and court costs. You might also obtain additional money in a class action lawsuit if the company consistently engaged in illegal conduct. 

National FDCPA Enforcement Attorney

If you’ve been subject to abusive, unfair, or misleading debt collection practices, immediately contact dedicated FDCPA protection and enforcement lawyer Jibrael S. Hindi. His nationally recognized consumer protection team might help you stop illegal debt collections and even obtain money for FDCPA violations without any upfront costs. Call (844) 542-7235 or connect with us online for free.