The Federal Fair Debt Collection Practices Act (FDCPA) is a safeguard for consumers. It protects them from overly aggressive collection activities by debt collectors and agencies. When a bill collector oversteps these federal boundaries, you and your legal team can hold them accountable.
Your legal responses can range from:
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Filing a lawsuit against the collector
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Reporting the offender to governmental bodies
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Using contravention as a bargaining chip in your debt negotiations
MCM Collections is notorious for harassing consumers all over the country. An experienced FDCPA attorney can help you hold them responsible. Here are some key protective measures provided by the Fair Debt Collection Practices Act and what you can do if your rights are compromised.
Debt Collector Communication Management
The FDCPA allows you to regulate the manner and timing of contact by third-party debt collectors. Debt collectors are prohibited from calling you at unsuitable times or locations and cannot disclose your debt to any third parties.
Debt collectors must observe the following rules:
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No contact is allowed before 8 a.m. or after 9 p.m.
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Once requested, collectors cannot contact you at work.
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If you have legal representation, collectors must communicate via your attorney.
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Discussion of your debt with third parties (like your employer, neighbors, or family) is forbidden.
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Upon your request, all forms of contact must stop.
All requests must be made in writing for these rules to be legally enforced. However, thanks to the FDCPA's 2021 amendments, consumers can limit how debt collectors communicate with them through newer channels like text messages, emails, and social media. Asking a collector to cease contact won’t nullify your debt, and collectors can still seek payment through legal channels like wage garnishment.
Harassment Protection
The FDCPA bans debt collectors from using any form of harassing and abusive tactics. This includes:
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Use of foul language
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Threats or application of violence
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Frequent and annoying calls
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Calling without disclosing their identity as debt collectors
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Publicizing your debt for sale
Maintain a record of any such abusive practices and think about filing an FDCPA violation complaint.
Honesty Policy
Debt collectors are obligated to be honest. They're prohibited from:
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Misrepresenting your debt amounts
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Lying about its legal status (whether it's past the statute of limitations)
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Being untruthful about potential legal consequences for not paying
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Falsely claiming to be another entity
When a debt collector behaves unethically, it's advisable to seek help from local legal aid with FDCPA experience.
Prohibited Unfair Practices
Debt collectors are forbidden from:
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Soliciting postdated checks with threats
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Depositing a postdated check prematurely
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Illegally confiscating or threatening to confiscate property
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Collecting more than the owed amount
Never provide postdated checks to a debt collector, and if a collector threatens property confiscation, file a complaint. Always validate the owed amount before making any payments.
Debt Validation
The FDCPA requires collectors to confirm the debt they're attempting to recover. They must send a validation letter within five days of their first contact detailing the following:
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Owed amount
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Creditor's name
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Statements about the debt's validity and verification procedure
Before taking any action on a debt, gather as much information as possible and verify that the debt truly belongs to you.
What to Do When Your FDCPA Rights Are Violated
In 2016, over 88,000 FDCPA violation complaints were submitted to the CFPB.
If your rights have been violated, FDCPA law professionals recommend two main courses of action:
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Filing a complaint
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Suing the collection agency
Many law firms offer free consultations, and if you win, the collection firm will typically be liable for any legal fees associated with the lawsuit. Maintain records of all correspondence with the collectors as proof of your violation claim.
Using Harassment As Leverage
When you're negotiating a debt settlement and the collector breaches the FDCPA, you can use this violation as leverage. The bargaining power you gain from such a threat depends on the strength of your case. Although collector breaches won’t absolve you of your debts, they could have them reduced.
The FDCPA provides you with protections and rights to ensure you're treated fairly. Knowing these rights and understanding how to assert them can make your dealings with debt collectors more manageable and less stressful.
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