Creditor Harassment

The Fair Debt Collection Practice (FDCPA) is a law that regulates the practice and techniques of Debt Collectors. The FDCP restricts creditors from discussing you debt to third parties, harassing you at work, using vulgar language or threatening to send you to jail.

Title 15 Chapter 41 1692d Harassment by Creditors

A debt collector may not engage in any conduct for which the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

1. The use or threat of violence or other criminal means to harm the physical person, reputation or property of any person.
2. the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
3. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b of this title.
4. The advertisement for sale of any debt to coerce payment of the debt.
5. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse or harass any person at the called number.
6. Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

15 U.S.C §1692e False or Misleading representation

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

1. The false representation or implication that the debt collector is vouched for, bonded by or affiliated with the United States or any State including the use of any badge, uniform or facsimile thereof.
2. the false representation of
a. character, amount, or legal status of any debt or
b. any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt
c. that any individual is an attorney or that any communication is from an attorney.
d. The representation or implication that nonpayment of any debt will result in the arrest or imprisionment or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditors intends such action
e. The threat to take any action that cannot legally be taken or that is not intended to be taken
f. The false representation or implication that a sale, referral or other transfers of any interest in a debt shall cause the consumer to
i. Lose any claim or defense to payment of the debt; or
ii. Become subject to any practices prohibited by this subchapter.
g. the false implication that the consumer committed any crime or other conduct to disgrace the consumer.
h. Communicatingor threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
i. The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or which creates a false impression as to its source, authorization or approval.
j. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
k. The false representation or implication that accounts have been turned over to innocent purchasers for value.
l. The false representation or implications that documents are legal process
m. The use of any business, company or organization name other than the true name of the debt collector’s business, company or organization.
n. The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681(f) of this title

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