Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in unfair practices when attempting to collect a debt. Here are some specific actions that debt collectors cannot take under this law:
- Unreasonable Fees:
- Debt collectors cannot charge fees or additional amounts that are not authorized by the original agreement or by law.
- Threatening Legal Action They Cannot Take:
- Debt collectors cannot threaten to take legal action, such as filing a lawsuit, if they do not have the legal authority or intention to do so.
- Adding Unauthorized Charges:
- Debt collectors cannot add unauthorized interest, fees, or charges to the debt unless they are explicitly authorized by the original agreement or by law.
- Accepting Post-Dated Checks:
- Debt collectors cannot accept post-dated checks from you with the intent to deposit them before the date written on the check.
- Using Deceptive Collection Methods:
- Debt collectors cannot use deceptive or misleading tactics to collect a debt, such as falsely claiming to be attorneys, government representatives, or credit reporting agencies.
- Threatening to Garnish Exempt Income:
- Debt collectors cannot threaten to garnish exempt income, such as Social Security benefits, disability payments, or certain types of public assistance.
- Contacting You After Written Cease Communication Notice:
- Debt collectors must stop contacting you if you send them a written request to cease communication, except to inform you of legal action or to acknowledge receipt of your request.
If a debt collector engages in any of these unfair practices, you have the right to report them to the Consumer Financial Protection Bureau (CFPB) or take legal action. It’s essential to know your rights and protect yourself from unfair debt collection practices.
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