ILLEGAL DEBT COLLECTION ACTIVITIES
Creditors such as credit card companies, used car dealers, and appliance rental stores have a right to contact you to collect the money they are owed and to insure that weekly or monthly payments are made on time. However, because of abuses by people and organizations attempting to collect money from consumers, lawmakers at both the state and federal level have passed laws to protect you from being abused by these people and companies. Most people, however, don’t know what a debt collector can and cannot do.
Please review the checklist below. If you check one or more the items in the checklist below the persons or agencies that attempted to collect a debt from you may have acted illegally. You may have a lawsuit against them under the Fair Debt Collection Practices Act. Please check each item where a debt collector has done any of the following to you or any member of your family:
-
Has a creditor or debt collector:
- Threatened to file a lawsuit if you did not immediately pay off your debt and they did not file suit
- Repeatedly called you at home or at your place of work
- Written threatening or offensive letters to you
- Exaggerated the debt you owe either in a letter or over the phone
- Embarrassed or confronted you in the presence of others (a collector may not contact you at work if they know your employer does not approve of such contact.)
- Called you late at night or early in the morning (you cannot be called before 8:00AM or after 9:00PM unless you agree.
- Used abusive language or offensive conduct
- Entered your home or office without permission
- Falsified your records or bills or misrepresented the amount of your debt
- Made collect calls to you
- Concealed the purpose of their phone call or visit
- Allowed conversations with you to be overheard by others
- Failed to disclose their identity at the outset of any communication.
- Continued to contact you after you have sent them a letter stating that you no longer want to be contacted by them (this letter should be sent certified and the creditor still has the right to sue you even you they can no longer contact you)
- Have you suffered any type of stress or injury due to the above listed conduct of the debt collectors? (for example--headaches, nausea, insomnia, etc.)
For additional information visit the Federal Trade Commission’s Website at:
https://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
|