Here are the top 11 actions prohibited by the The Fair Debt Collection Practices Act:
Misrepresent Him or Herself
A debt collector may not misrepresent himself as an attorney or law enforcement officer.
Use the Telephone to Annoy or Harass
A collection agent may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with an intent to annoy, abuse, or harass anyone at the called number.
Threaten Arrest or Lawsuit
A collection agent may not threaten a consumer with arrest. It may not threaten legal action that is either not permitted or not actually contemplated. In other words, a the threat of a lawsuit may be an empty one.
Use Abusive or Threatening Language
A debt collector may no use abusive or profane language in the course of communication related to the debt.
Publish a Bad Debt List
Publishing the consumer’s name or address on a "bad debt" list is prohibited.
Contact By Embarrassing Media
A debt collector may not communicate with a consumer by post card. It may not use any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram. A debt collector may use its business name if such name does not indicate it is in the debt collection business.
Contact a Consumer at Work
A collection agent may not communicate with consumers at their place of employment after being told this is unacceptable or prohibited by the employer.
Seek Unjustifiable Amounts
A debt collector may not demand any amounts not permitted under an applicable contract or as provided under law.
Contact a Consumer Represented by an Attorney
A collection agent may not contact a consumer after it learns the consumer is represented by a lawyer.
Communicate With a Consumer After Receiving a Validation Request
If a consumer sends a written §1692g response within 30 days, the collection agent may not communicate with the consumer until it mails the consumer the requested verification of original creditor's name and address.
Communicate With Third Parties
A debt collector may not reveal or discuss the nature of a consumer’s debts with third parties other than the consumer’s spouse or attorney. A collection agent may contact neighbors or co-workers only to obtain location information. It may contact a third party again if it has reason to believe the information the party provided previously is false.
Bills.com FDCPA FAQ
Below are questions Bills.com readers ask frequently:
Can a Collection Agent Call My Cell Phone?
Yes. However, if you tell the debt collector it may not use that number because it is a cell phone, it may not contact you again at that number.
I Keep Receiving Dozens of Calls From Collection Agents. Is That Legal?
No. Unscrupulous collection agents will use "block parties" or "office parties" where they contact a consumer, multiple neighbors, or co-workers telling them they need to reach the consumer on an urgent matter. This is not permitted under the FDCPA.
A Collector Says I Will Be Arrested if I Do Not Pay
This was a true statement before the US Civil War, but has not been true since. People may be arrested if an aggressive judge files a bench warrant for a person who does not appear at a hearing relating to a lawsuit regarding a debt. However, in that case, the offense is the failure to respond to a court order, and not the existence of the debt. As stated above, it is illegal under the FDCPA to threaten a consumer with arrest if the consumer does not pay the debt.
Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
This is a criminal extortion scam operating out of India. They are making the calls utilizing VOIP and the names of legitimate firms to make it appear the calls are originating from within the US. There is NO "company" or "debt" and you will NOT be arrested. They are harvesting and/or buying consumers' personal identifying information from unscrupulous websites like the one you may have filled out an application with, and you need to do whatever you can to protect yourself. This includes: Notifying the FTC: https://www.ftccomplaintassistant.gov/, placing fraud alerts with all three credit bureaus, notifying your bank and employer and letting these criminals know you are aware they are attempting to extort money for a non-existent debt and have alerted the authorities.
ABC News released an investigative report on this scam a year ago:
received numerous calls today, 8/27/13 from this phone number. work at prison and this person kept all phone lines held up by using an autodialer because the person he wanted to speak to was not working.
this man stated he was marcus wilson and if he did not get to speak to the person he asked for he was going to blow up the phone lines. he is a scammer. do not pay any attention to him.
So i did file a report with the ftc on the 22nd or 23rd and havent heard from Roger Hansen since then it is a scam i looked into that website, even if you do owe anyone money they are not going to collect in that manner. These people get your info from online applications and scam you from India and they give false names and phone numbers.
These people calls everyday 100 times a day for the past six months. It's none stop and placing my job in jeopardy; but I keep moving on. Please what ever you do do not send these people any money. They are scammers looking for their next victim. They call from different numbers with various names such as Jeffery, Tom, Scott..and the list of names go on. He tries to weaken the person so they can send money but don't if you do the calls continue to come. Protect yourself by calling the police and filing a report. I believe with reports from all the people he harrass the police will begin to do something about these people. They are in India someplace and we need to find them and they need to be placed in jail and the people like myself whom sent money need to get their money back.
I too have gotten calls from these same scam artists. They hav flooded the phone lines at my place a business and previous place of business. They then started calling my cell phone non-stop. I have filed a police report and they have since stopped. They did give serveral names and became hostile and rude when you asked for legal documentation or to just plain stop. A ex-co worker was called N***er, B**ch, and I was asked for phone sex. When they couldn't get what they wanted they became thuggish and tried to intimidate me.I hung up and was harassed for months. If this happens please hang up immediately and call the police, take legal action, but don't give them money. I