Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in harassing or abusive behavior when attempting to collect a debt. Here are some specific actions that debt collectors cannot take under this law:
- No Excessive or Threatening Calls:
- Debt collectors cannot repeatedly call you with the intent to annoy, abuse, or harass you. They also cannot use threats of violence or harm against you, your property, or your reputation.
- No Obscene Language:
- Debt collectors cannot use profane, obscene, or abusive language when communicating with you about the debt.
- No False Threats or Misrepresentation:
- Debt collectors cannot make false statements or misrepresentations to coerce payment. This includes falsely claiming to be law enforcement, misrepresenting the amount owed, or falsely threatening legal action they do not intend to take.
- No Public Disclosure of Debt:
- Debt collectors cannot publicly disclose information about your debt or use postcards or envelopes with markings indicating that the communication is from a debt collector.
- No Harassment at Work:
- Debt collectors cannot contact you at inconvenient times or places, such as early in the morning or late at night, unless you agree to it. They also cannot contact you at work if they know that your employer prohibits such communications.
- No Threats of Arrest:
- Debt collectors cannot threaten you with arrest or imprisonment for non-payment of a debt.
- No Continuous Communication:
- Debt collectors must respect your request to cease communication or to only communicate through your attorney after being notified in writing.
If a debt collector engages in any of these prohibited behaviors, you have the right to report them to the Consumer Financial Protection Bureau (CFPB) or take legal action. It’s important to know your rights and protect yourself from abusive debt collection practices.
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