The Fair Debt Collection Practices Act (FDCPA) has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Below is a laundry list of debt collection violations.
- A debt collector continues to call me after I told the debt collector to stop calling me.
- A debt collector called me before 8:00 a.m. or after 9:00 p.m.
- A debt collector was abusive, offensive, or used profane language.
- A debt collector continues to call me after I told the debt collector that I do not owe the debt.
- A debt collector threatened violence, physical harm, or to ruin my reputation.
- The collection agency did not send me a debt notice letter within 5 days of the initial communication.
- A debt collector called me at work even though I told the debt collector to stop calling me at work, because my employer prohibits such calls at work.
- The collection agency did not disclose that the communication was from a debt collector. In other words, the collector must state, “this communication is from a debt collector,” in all communications, including in voicemail messages.
- The collection agency did not identify the company’s name. In other words, the collector must state, “this is XYZ Company calling,” in all communications, including in voicemail messages.
- A debt collector called third parties (family, friends coworkers, employer, or neighbors) despite the fact that the collector knew my contact information.
- A debt collector told a third party (family, friends coworkers, employer, or neighbors) that I owe a debt.
- A debt collector continues to call me after I mailed the collection agency a cease and desist letter.
- A debt collector threatened to file a lawsuit against me, but does not intend to do so.
- A debt collector threatened to garnish my wages, but does not intend to do so.
- A debt collector threatened to report me to the credit bureau, but does not intend to do so.
- A debt collector threatened to put a lien on my property, but does not intend to do so.
- A debt collector threatened to repossess my car, but does not intend to do so.
- A debt collector made any empty threat.
- A debt collector threatened to issue a warrant for my arrest and/or have me arrested.
- A debt collector accused me of committing a crime.
- A debt collector gave me the impression he was a lawyer and/or calling from a law firm.
- A debt collector gave me the impression he worked for the government.
- A debt collector threatened to file a lawsuit against me even though the debt is beyond the statute of limitations.
- A collection agency sued me in a location where I do not live.
- A debt collector continues to communicate with me even though the collector knows I have a lawyer.
A debt collector who fails to comply with any provision of the FDCPA is responsible for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs. If a debt collector has done any of the above, contact Mike Agruss Law. Founding attorney, Michael Agruss, has resolved over 4,500 FDCPA cases and wants to help you, too.
Submitted Comments
I was contacted a few days ago by a company who never identified themselves, and was told I was going to be sued for 13,000 unless I paid him 1300 on that day. This is from an alleged credit card that according to them had its last activity in 2003rn[7/10/2014 10:46:37 AM CDT] Angie: Would you mind sharing some brief details about the situation? I called them back the next day and told them that I never had a credit card, and that even if I did the debt was well past the statute of limitations. When I told him this he proceeded to lie about never saying the activity was 11 years ago and used profanity on our phone call which I recorded. I just wanted to cover my bases and see what action I could expect from them or what actions I could take!
I have a question about possible well definite fair debt collection practices act issue. I had a few questions hope you can help. i was in a car accident last June 20th and it was my fault. I had just started a new job, ordered a new lease that was to arrive fully insured on june 24th so I bought and drove my daughters car uninsured for the time from ordering to picking it up. I called the ins company to be proactive and show I would take care of the damages, which were nothing like a small dent that could be popped out literally nothing broken, barely a dent so i figure 1500 at the most. i called the ins co july 2nd after i got the police report and name of co. i talked to a lady but didn't get her name she gave me the claim no and i gave her all my info. my court date was july 30 and I was told I'd get a letter from the ins co never heard from them. 9 days bf court I got collection letter for almost 5k. no explanation never received the first letter bill. they submitted paperwork to suspend my licens and i never ever got anything about what the amount was for until after they submitted paperwork. i had to fight to get a hearing over my license, the amount they paid to the insured is 3467.89 so i called to agree to only pay that and she put me on hold twice first time came back added another 1k for "personal injury and property damage" second time she came back said it was 5200 if i settled right then would be 4175 on the receipt where they paid ins it lists 0.00 medical she was never injured. i feel they are pushing to suspend my license or pay what they demand without any documentation!
General Revenue Corporation has contacted me multiple times a day from various numbers, though I asked them not to contact me by phone and I told them I have received nothing in the mail from them. They also contacted my ex-husband immediately after contacting me. I'm interested to know if your firm could make them stop!
I have been receiving calls from Navient nearly every hour. I answer and they dont respond, then hang up. I receive these calls about every hour to two hours. I have blocked numbers and I continue to receive calls from other numbers.
Snapfinance can't afford to pay need help
Why did you call me when I don't have any debts?
Michael Agruss
3 years ago
Hi Patricia. My law firm doesn't call consumers, you were likely contacted by a debt collector in an attempt to collect on a debt you may owe. If you don't have any debts, it could be that they have the wrong number or it could even be a possible scam. If you would like help in dealing with these types of calls, feel free to contact my office and we can talk. Thanks, Mike
Michael Agruss
3 years ago
Hi Eugene. I would be happy to talk with you about the debt you have with Snapfinance and help you to get it resolved. I will give you a call and we can talk about your options. Thanks, Mike
Michael Agruss
3 years ago
Hi Amanda. Do you have a call log of the number of calls you're receiving from Navient? If they are calling you an excessive number of times, they are violating your rights. If you have a record of these calls, you can send them over to my office at
[email protected] and I will review them and give you a call. Thanks, Mike
Michael Agruss
3 years ago
Hi Astraia. As a consumer, you do have rights under the law to get these calls to stop. You can start with a certified cease and desist letter sent to them as well as a request for a debt validation letter, also sent through certified mail. If they do not respect your letters, they could be violating your rights and they may owe you money. We can talk about the law and your options when I reach out to you. Thanks, Mike
Michael Agruss
3 years ago
Hello Tammy. As this is a unique situation, I would like to speak more with you and get some details clarified. Please give me a call at my office and we can chat in a free, no-obligation consultation. Thank you, Mike
Michael Agruss
3 years ago
Hi Lester. If the debt collector was using bullying and swearing at you, they are likely violating your rights under the FDCPA. Have you sent a request for a debt validation letter? I would suggest that you do so before sending any type of payment, especially if you are unsure if the debt is legitimate. I can help you with this. Please give me a call at my office and we can talk further. Thanks, Mike
