Fair debt collection rules stated under FDCPA

By Good Nelly

Ask Nelly

According to Fair Debt Collection Practices Act, every debtor should collect debts by fair and lawful means.

• Debt collectors must not harass, oppress or abuse anyone.
• Debt collectors must not use threats or harm the person, his property or his reputation.
• Publication of a list of consumers who refuse to pay their debts is prohibited (except to a credit bureau).
• Usage of obscene or profane language on a person or over the telephone is against the law.
• Repetitive telephone calls to harass the person are also not allowed.
• Call up people without identifying them in public and without advertising about your debt.
• Debt collectors should not use any false statements when collecting a debt.
• Debt collectors may not falsely imply that they are attorneys or government representatives.
• They cannot falsely imply that you have committed a crime.
• They are not allowed to falsely represent that they operate or work for a credit bureau.
• They are not allowed to misrepresent the amount of your debt.
• They cannot misrepresent the involvement of an attorney in collecting a debt.
• They cannot indicate that papers being sent to you are legal forms when they are not and vice-versa.
• They cannot threaten that you will be arrested if you do not pay your debt.
• They are not allowed to seize, garnish, attach or sell your property or wages.
• They cannot state that they will take actions, such as a lawsuit, which legally may not be taken.

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