Debt collectors must adhere to specific guidelines outlined in the Fair Debt Collection Practices Act (FDCPA). Here are several things that debt collectors are prohibited from doing under this law, including threatening to sue outside of the statute of limitations (SOL):
- Threaten Illegal Actions:
- Debt collectors cannot threaten to take illegal actions against you, such as threatening arrest or legal actions that they do not intend to pursue or are not legally permitted to take.
- Harassment or Abuse:
- Debt collectors cannot engage in harassment, threats, or abusive language. They cannot use profane language, threaten violence, or repeatedly call with the intent to annoy, abuse, or harass.
- False Representation:
- Debt collectors cannot falsely represent the amount or status of the debt. They cannot claim to be attorneys, government representatives, or misrepresent the consequences of not paying a debt.
- Contacting Outside of Permitted Hours:
- Debt collectors cannot contact you at inconvenient times, such as before 8:00 a.m. or after 9:00 p.m., unless you have agreed to alternative contact times.
- Threaten Legal Action Beyond SOL:
- Debt collectors cannot threaten legal action that they cannot or do not intend to take. This includes threatening to sue for debts beyond the statute of limitations (SOL), as they cannot legally pursue such actions.
- Reveal Debt Information Improperly:
- Debt collectors cannot disclose information about your debt to third parties, such as friends, family, or employers, without your permission.
- Continued Communication After Request to Cease:
- Debt collectors must cease communication upon your request in writing. They cannot continue to contact you once you have formally requested that they stop.
- Deceptive Practices:
- Debt collectors cannot use deceptive practices to try to collect a debt. This includes falsely implying that failing to pay a debt will result in arrest, garnishment, or property seizure.
It’s important to know your rights under the FDCPA and take action if debt collectors engage in prohibited behaviors. If you believe a debt collector has violated your rights, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or seek legal advice from a consumer protection attorney.
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