Communications Generally. A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m. Stopping Communications. If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit. Attorney Representation. If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer. Contacting Others. A debt collector cannot contact any third party about your debt. This means that they cannot call you sister-in-law, your grandson, or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money. Locating You. A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call, or tell other people that they are attempting to collect a debt from you.

If you’re contacted by a debt collector, you have a right to dispute the debt verbally or in writing. If you want to preserve some rights under the FDCPA, you must send a written dispute within 30 days of your receipt of the first “validation notice” from the debt collector. Even if you owe the debt, or you cannot pay it, you still have rights under the FDCPA. Most of our clients owe the debt being collected but because of financial circumstances, or a dispute over the goods or services, they cannot pay it. In order to preserve your rights under the law, it’s important for you to keep good records of all of the contacts. 30-Day Validation Notice Requirements. Within five days after you are first contacted, a debt collector must send you a written notice telling you the following:

• The amount of the debt.
• The name of the creditor to whom the debt is owed.
• A statement that unless you, within thirty days after receipt of the notice, dispute the validity of the debt, or any portion of it, the debt will be assumed to be valid by the debt collector.
• A statement that if you notify the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to the consumer by the debt collector.
• A statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
• Finally, a statement that the communication is from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.
• Every debt collector who tries to collect your debt must provide their own 30-day validation notice, even if a previous debt collector has already given such notice.

Rights While Debt Under Dispute. If you dispute a debt in writing within the 30-day validation period, a debt collector cannot continue to collect on the debt until they have sent you proof of the debt or a copy of the judgment.

Collection Fees Prohibited. A debt collector may not charge you an interest, fees, or collection charges, except those amounts that were authorized by the agreement with the creditor to whom the debt is owed. Harassment Prohibited. A debt collector may not use any language, communication or conduct to harass, oppress, or abuse any person. This includes prohibits on:

• Use threats of violence or harm to the person, property, or reputation.
• Advertise your debt or publish a list of consumers who refuse to pay their debts, except to a credit bureaus.
• Use obscene or profane language.
• Repeatedly use the telephone to annoy someone or ring the telephone constantly.
• Call people without identifying themselves.

False Statements Prohibited. A debt collector may not use any false statements when trying to collect a debt. This includes:

• Falsely implying that they are an attorney or government representative.
• Falsely implying that you have committed a crime by not paying a debt.
• Falsely represent that they operate or work for a credit bureau.
• Misrepresent the character, amount, or legal status of the debt.
• Indicate that papers being sent are legal papers when they are not.
• Indicate that papers being sent are not legal papers when they are.

Threats Prohibited. A debt collector may not use threats when trying to collect a debt. This includes threats like the following:

• You will be arrested if you do not pay your debt.
• They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do so.
• Take any actions against you which are illegal.
• Violate any law in an effort to collect a debt.

Deception Prohibited. A debt collector may not use deception when trying to collect a debt. This includes deceptions like the following:

• Send you anything that looks like an official document from a court or government agency when it is not. Give false credit information about you to anyone. Use a fake or false name, unless that name is allowed by state law and properly registered with the state, if required.

Unfairness Prohibited. A debt collector may not treat you unfairly in attempting to collect a debt. This includes unfairness like the following:

• Collect any amount greater than your debt, unless allowed by law.
• Deposit a post-dated check more than 5 days before the date on the check, without giving you notice of when they intend to deposit it.
• Solicit a post-dated in order threaten criminal prosecution or threaten to cash the check early.
• Take or threaten to take your property unless this can be done legally, including wrongfully repossessing your vehicle.

Payments on Multiple Debts. A debt collector must apply you payments on multiple debts in the order you direct. A debt collector is prohibited from applying any payments you send in to debts that you believe you do not owe.

The law says that any debt collector who violates your rights may be made to pay you statutory damages of up to $1,000, actual damages, and attorney’s fees and costs, if you win your FDCPA case.  If we agree to represent you in an FDCPA case, you won’t pay any attorney’s fees unless we recover on your behalf.  You may be responsible for any other costs in your lawsuit. You have the right to sue a debt collector within one year from the date you believe the FDCPA was violated. This is what our law firm does. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney’s fees. We end collection harassment. We are a consumer rights law firm dedicated to the protection of consumers against abusive and illegal collection practices by debt collectors. If you have been subjected to collection harassment, calls to the workplace, or other abuse, call us today.  This is not bankruptcy. We sue debt collectors. You have a right to sue debt collectors who harass you and recover money for your damages. There is no fee if there is no recovery. Debt collectors must treat you with truth, fairness, dignity, and respect. Period. Any debt collector who crosses the line and abuses you can be sued for damages under the Fair Debt Collection Practices Act (FDCPA).