As a main source of consumer protection law in the United States, the Fair Debt Collection Practices Act outlines acceptable behavior for collection agencies attempting to collect legitimate debts. The guidelines in the FDCPA apply to personal and household debts, including car loans, first and second mortgages, as well as credit card debt. Here’s a look at the following abusive and deceptive collection behaviors that violate the FDCPA.
Communicating After Cease Request
As a consumer, you have the right to send a written notice requesting no further communication from your creditors, except for any litigation settings. Once your creditor receives this written notice, he or she isn’t able to attempt debt collection or advise you that he or she plans to take legal action. You can also send a notice advising your collectors that it is unacceptable to contact you at your place of employment.
Debt collectors are not allowed to misrepresent the size of your debt or the consequences of not paying your debt back. In addition, a debt collector is not allowed to impersonate a lawyer or member of a law enforcement agency in order to intimidate you and collect your debt. A debt collector is also not allowed to report false information on your credit report, or even threaten to make false statements on your credit history.
Threatening Arrest or Legal Action
If you’ve already sought attorney representation, your creditor isn’t allowed to contact you. At the same time, your creditor can’t disclose information about the nature of your debt to third parties, except for your spouse and bankruptcy attorney. Even though a creditor can pursue legal action against you, he or she can’t threaten to take legal action that isn’t permitted or that isn’t actually contemplated.
Call (847) 868-2265 to schedule a consultation with a bankruptcy attorney at Cutler & Associates, Ltd. We have more than 25 years of consumer bankruptcy experience and have helped thousands of Chicago area residents resolve their debt issues. We have seven convenient locations, including an office in Aurora and Schaumburg.