Dealing with debt collectors can be a stressful experience, especially when they resort to aggressive or unlawful tactics in their pursuit of payment. While many debt collectors operate within the confines of the law, there are unfortunately instances where they may cross the line. Here are five common laws that bill collectors break daily and what you can do if you find yourself on the receiving end of these violations:
Fair Debt Collection Practices Act (FDCPA) Violations
The Fair Debt Collection Practices Act (FDCPA) sets clear guidelines for how debt collectors can interact with consumers. Violations of the FDCPA include:
Harassment or Abuse: This includes tactics such as incessant phone calls, threats of violence, or using obscene language.
False or Misleading Representations: Debt collectors cannot deceive or mislead consumers about the amount owed, the consequences of non-payment, or their legal rights.
Contacting Third Parties: Collectors are prohibited from discussing your debt with anyone other than you, your spouse, or your attorney.
Telephone Consumer Protection Act (TCPA) Violations
The Telephone Consumer Protection Act (TCPA) regulates the use of automated dialing systems and prerecorded messages in debt collection. Violations of the TCPA include:
Robocalls: Debt collectors are not allowed to contact you using automated dialing systems or prerecorded messages without your express consent.
Calling Cell Phones Without Consent: Unless you’ve given explicit permission, debt collectors cannot call your cell phone using automated technology.
Fair Credit Reporting Act (FCRA) Violations
The Fair Credit Reporting Act (FCRA) governs how consumer credit information is collected, reported, and used. Violations of the FCRA include:
Reporting Inaccurate Information: Debt collectors must report accurate and up-to-date information to credit bureaus. Reporting false information or failing to update information can be a violation.
Failure to Investigate Disputes: If you dispute a debt with a collector, they are required to investigate the validity of the debt. Failure to do so violates the FCRA.
State Debt Collection Laws Violations
In addition to federal laws, each state has its own regulations governing debt collection practices. Common violations of state debt collection laws include:
Operating Without a License: Debt collectors must be licensed to operate in certain states. Operating without the appropriate license is a violation of state law.
Statute of Limitations Violations: Debt collectors cannot attempt to collect on debts that are past the statute of limitations. Continuing to pursue such debts is illegal.
Consumer Financial Protection Bureau (CFPB) Regulations Violations
The Consumer Financial Protection Bureau (CFPB) enforces various regulations related to consumer financial products and services. Violations of CFPB regulations include:
Failure to Provide Required Disclosures: Debt collectors must provide certain disclosures to consumers, including the amount of the debt, the name of the original creditor, and the consumer’s rights under the law.
Unfair, Deceptive, or Abusive Acts or Practices (UDAAP): Engaging in unfair, deceptive, or abusive practices when collecting debts violates CFPB regulations.
What You Can Do
If you believe a debt collector has violated any of these laws, you have options:
**Document Everything**:
Keep detailed records of all communications with the debt collector, including dates, times, and the content of conversations.
**File a Complaint**:
You can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or your state’s attorney general’s office.
**Consult with an Attorney**:
Consider consulting with a consumer rights attorney who can advise you on your rights and options for pursuing legal action against the debt collector.
Conclusion
While many debt collectors operate within the bounds of the law, some engage in unlawful or abusive practices in their pursuit of payment. Knowing your rights under federal and state laws can help you protect yourself from these violations. If you believe a debt collector has crossed the line, don’t hesitate to take action to hold them accountable for their actions. If you believe your rights have been violated by collectors and would like help resolving issues, please don’t hesitate to contact Credit Champs at info@creditchamps.pro or by calling 407-588-7484. Our team of experts is here to assist you every step of the way