The Fair Debt Collection Laws provide consumers with protection against harassment, and the ways in which a debt collector can communicate with a consumer are strictly regulated. However the communication rules are often broken by debt collectors who count on consumers not understanding their rights.
According to section 805 of the FDCPA: “Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt… ”
- At any unusual time, unusual place, or at an unusual time or place that is inconvenient to the consumer.
- After 8 o’clock A.M and before 9 o’clock P.M, local time at the consumer’s location
- Once the debt collector knows the consumer is represented by an attorney
- At the consumers place of employment once they been told not to call there again
- With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt (unless they are verifying location information)
- After written notification that the consumer refuses to pay the debt
- After written notification that the consumer wants communication to stop
In other words, if a debt collector is calling you in the middle of the night, calling your place of employment after you told them not to, or speaking to anyone else besides you about the money you owe, they are breaking the law. Additionally, if you tell them in writing or get an attorney, they must stop the calls. Although the above practices are clearly spelled out as illegal, many debt collectors break the law, trusting that few know their rights, and that these unfair tactics often work to wear a person down.
Here are some specific illegal tactics related to the Prohibited Communications Practices:
