Abusive, false, and/or misleading tactics are prohibited according to the FDCPA

[Jen23514]

These 17 false or misleading tactics are prohibited according to section 807 of the FDCPA.

• False, deceptive, or misleading representation - 807
  

• Implying affiliation with the United States Government - 807(1)
  

• False representing the legal status of your debt - 807(2)
  

• Implying that individual is an attorney - 807(3)
  

• Implying or threatening nonpayment will result in your arrest - 807(4)
  

• Threat to take legal action not intended to be taken - 807(5)
  

• Falsely implying the loss of any claim or defense - 807(6)
  

• Falsely implying you committed a crime by not paying a debt - 807(7)
  

• Communicating false credit information - 807(8)
  

• Use of false documents that imply a state or federal source - 807(9)
  

• Falsely obtaining information about you - 807(10)
  

• Collectors must clearly explain how information will be used - 807(11)
  

• Implying your account(s) have been turned over to purchasers 807(12)
  

• Implying documents are a legal process when they are not - 807(13)
  

• Prohibits collectors from using false names - 807(14)
  

• Implying documents do not require action when they do - 807(15)
  

• Implying debt collector is employed by a CRA - 807(16)
  

 

One that I feel is very important is section 807(10). It prohibits the "use of any false representation or deceptive means" by a debt collector. I find this section delightfully broad. It also could possibly encompasses virtually every violation and behavior not covered by the other subsections.

 

 

Do you feel abused by a collector? Section 806 addresses what is and what isn't abuse.

 

• Threat of violence is illegal - 806(1)
  

• Obscene, profane, or abusive language prohibited - 806(2)
  

• Publication of a list of debtors prohibited 806(3)
  

• Advertise debt to coerce payment prohibited - 806(4)
  

• Repeatedly calling you by telephone is harassment - 806(5)
  

• Calling without meaningful disclosure or legal purpose- 806(6)
  

 

Section 808 prohibits a debt collector from using "unfair or unconscionable means" in his debt collection activity.

 

• Collecting only the authorized amount - 808(1)
  

• Postdated checks - 808(2)
  

• Soliciting postdated checks - 808(3)
  

• Depositing postdated check prior to date - 808(4)
  

• Telephone charges - 808(5)
  

• Prohibits threatening nonjudicial action - 808(6)
  

• Prohibits communicating by post card - 808(7)
  

• Prohibits certain communication on envelope - 808(8)
  

 

.... more to follow after lunch.....

(ETA: also, I apologize if the formatting is off, my first time playing with the bullet function here on CB, and, well, blame it on user error if there are lots of unnecessary spaces)

Edited January 5, 2009 by Jen23514

[JunkBuyersWorstNightmare]

Excellent info, Jen! This should be bookmarked.

[JunkBuyersWorstNightmare]

Excellent info, Jen! This should be bookmarked.

 

Er, pinned.

[Jen23514]

Excellent info, Jen! This should be bookmarked.

 

I know there is a "cheat sheet" around here, but I'll be darned if I can't pull it up in search.

[Midnite]

Great Post!

[picnn]

Subscribing

 

[Jen23514]

sweet! found it via google.

 

http://creditboards.com/forums/index.php?s...180577&st=0

[EarnIt]

Nice summary Jen.

[Jen23514]

Why I want people to understand their FDCPA right more than anything else:

 

I had DOZENS of unopened collection letters in a box in the corner of my home office because I didn't want to deal with that was inside. Maybe 6mos worth at one point. I knew they wanted money I didn't have. I felt bad because I felt like a deadbeat because I wasn't doing my moral obligation to pay my bills (call it my blue collar upbringing or whatever, but that is how I felt regardless of what the collectors said).

 

What made it worse is that collectors have a radar for people like that. When collectors called and berated me for I truly felt like the gum on the bottom of someones shoes. I felt like I had let my family down (despite them not knowing the extent of my medical collections) for "being in debt", I felt like my daughter down because this debt weighed me down not allowing me to have the emotional energy I wanted to have as her sole provider, and I felt I let myself down financially and morally. It was a dark time when I wouldn't answer the phone and wouldn't go get the mail for days on end, knowing every letter and every time someone rang me, it was about someone I had not paid in full.

 

Fast forward to finding CB (and ramsey and a few other financial information sources).... my outlook not just on my "debt" but my life changed. I always felt empowered and in control at work, but I never felt that way in my personal life. I allowed these collectors to beat me down more than I was already doing myself. That changed quickly. Suddenly, I realized it was ILLEGAL for them to berate me the way they did. It was ILLEGAL for them to call me late at night or 10 times in less than 30 min. It was ILLEGAL for them to threaten to put a lien on my car and take it away. (omg do I have some collector stories!).

 

Then I learned that these debt from 10 years ago....? While I may have felt personally bad for letting a charge-off happen, I was not legally obligated to pay these morons who were harassing me!!!! Suddenly as I gained confidence and kept a couple of cheat sheets by the phone, I took control of my "debt" situation and the collectors. I didn't allow them to push me around and keep me up half the night in tears. Not only did my credit scores and financial situation (no longer sending in $$ on 12 year old debts) get better, but my life in general got better. A world of worry and shame was lifted off my shoulders. I also believe it let me be a better parent because my focus could be on my bebe and not the tension that comes with dreading the sound of the phone.

 

Even if you never master your state laws or understand the FCRA or want to read congressional hearings on the FTC and their (lack of) enforcement..... if you have ever felt harassed by a collection agency, READ, READ, READ the FDCPA and take back the control in your life that you were giving them. If you read thru the lists of no-nos above and you see something that looks familiar, then put a stop to it! Take control. You'll be surprised how that proactive stance will affect other areas of your life, not just your credit report.

 

If a collection agency is harassing your family, read the FDCPA.

 

If you're scared to answer the phone, read the FDCPA.

 

If you won't open mail because you can't face what's inside, read the FDCPA.

 

And if you're lucky, there are a handful of states that apply some of the FDCPA protections to OCs as well (unfortunately my state is not one of them and Sears religiously called me once an hour, every hour, 9 hours a day for 2 weeks until I picked up their call).

 

As for using the words moral and debt and collections in the same paragraph, this is MY experience, and you need to do what fits your POV best. I may have a moral obligation to the person I conducted the business with, but once you employ illegal tactics to collect it, my sense of obligation goes out the window. So for me, learning my rights wasn't just the matter of upping my score, but taking back control of my life.

 

That's my experience and 2 cents.

[Jen23514]

ttt

[Jon77]

Wow, back when I talked to CA's over the phone, I was offered several times to give them "post-dated checks". Didn't know that was an illegal activity on their part.

[Jen23514]

Wow, back when I talked to CA's over the phone, I was offered several times to give them "post-dated checks". Didn't know that was an illegal activity on their part.

 

time to print out the FDCPA, get a pen and highlighter and read it and make notes!

[x-large debt]

I would like to nominate #9 as one of the best posts ever ! a must read for every beginner.

 

This is me before CB...

 

 

This is me after CB...

[TinyMusic]

Freaking great post.

[TinyMusic]

Seems like it would benefit us to act fearful and uneducated while on the phone, but not cross that line to where we say something that could bite us.

 

Maybe that would make a CA more prone to attack illegally.

 

Kind of manufacturing, but hey.... they deserve it.

[Jen23514]

Another reason to know the FDCPA inside and out....

 

http://www.free-press-release-center.info/...rly-double.html

 

Unlawful Debt Collection Calls to Workplace Nearly Double

 

The number of complaints against debt collectors calling consumers at work nearly doubled between 2007 and 2008, according to recent report from the Federal Trade Commission.

 

March 18, 2009 (FPRC) -- Representatives from the National Financial Awareness Network, a Maryland-based personal finance publishing company, are urging consumers to become familiar with debt collection laws in response to the most recent FTC report that complaints against debt collectors calling consumers at their workplace nearly doubled from 2007 and 2008.

 

The Fair Debt Collection Practices Act, or FDCPA, prohibits third-party debt collectors from contacting consumers at their place of employment "if the collector knows or has reason to know that the consumer's employer prohibits such contacts." The reasoning for this rule is that such calls could jeopardize the consumer's job. Despite this rule, The FTC received 8,092 complaints from consumers receiving calls at work in 2008, which is nearly double the number of such complaints in 2007.

 

"With unemployment on the rise, calls to people's workplace can be exceptionally unnerving," said John Janney, President of NFAN. "Fortunately, the FTC is proposing amendments to strengthen the FDCPA that should help discourage violations."

 

In their February 2009 workshop report, "Collecting Consumer Debt, The Challenge of Change," the FTC suggested an increase of the statutory damages from $1,000 per violation to $3,600 to adjust for inflation between 1977 and 2008. Such measures may help deter violations and provide relief for victims of abusive debt collection practices.

 

"Delinquencies are rising with financial hardship and consumers need more protection than what is currently available," said Maggie Beetz, Senior Financial Literacy Writer at NFAN. "The last thing consumers need is to be harassed at work."

 

Consumers can learn more about the Fair Debt Collection Practices Act at HelpForDebtors.com.

 

About NFAN

 

The National Financial Awareness Network is a Maryland-based personal finance publishing company that offers educational products and services, such as the popular Do-It-Yourself Debt Settlement Kit, Debt Relief University, Help For Debtors online support forum and their How to Get Great Credit e-book. For more information, please visit the NFAN website at nfan.com.

 

 

Send an email to John Janney of National Financial Awareness Network

1-877-259-6968

 

Keywords: debt negotiations, credit card, debt settlement

[Dio]

excellent post.....lots to learn from this thanks Jen.

[hurricanesfans27]

very good post jen.. i didnt know about the post dated check part .

[nekom]

Jen I couldn't agree more with your sentiment there. Debt collectors and junk debt buyers HOPE TO GOD the vast majority of people never learn these laws. They prefer to be in control of the conversation, and hope that you think that they have some sort of power over you. Once you learn your rights, you realize that have NO power, YOU are in control and you're just not going to be buying their lies. Excellent post.

[NeverQuietHere]

LOVE this post! I am helping my sister fight Creditors Interchange and as far as I can tell from this alone, they have violated 807, 807(3)(4)(6)(7), 806(5), 808(2)(4).

 

I am waiting to hear back from the lawyer as I type this!

[LilHippie]

Awesome post!

 

----------

 

Couple of questions:

 

"Implying documents do not require action when they do - 807(15)"

 

What exactly could this mean? Any examples to give an idea to explain it?

 

--------------

 

"Repeatedly calling you by telephone is harassment - 806(5)"

 

"Calling without meaningful disclosure or legal purpose- 806(6)"

 

What about repeatedly calling you and never leaving a message?

[NeverQuietHere]

Awesome post!

 

----------

 

Couple of questions:

 

"Implying documents do not require action when they do - 807(15)"

 

What exactly could this mean? Any examples to give an idea to explain it?

 

--------------

 

"Repeatedly calling you by telephone is harassment - 806(5)"

 

"Calling without meaningful disclosure or legal purpose- 806(6)"

 

What about repeatedly calling you and never leaving a message?

 

I think I can answer the 806(5) one. That means that they are making your phone ring repeatedly (leaving a message or not) which is harassment. For instance, if they call you 5 times in a half an hour or whatever. Personally, I think that once they leave a message for the day, they shouldn't call you back again. You leave a message telling me to call you back, but then you call a few hrs later....

 

I just had USCB tell me that they are going to call me everyday and if I don't pick up the phone they will just let it ring and hang up. They are no longer leaving messages on my machine. I *think* the 806(6) means they call but don't say that they are collecting a debt??? or where they are calling from?

 

I am curious about that one as well. I have a CA calling and just saying "hey cfj, this is frank. give me a call at blahblahblah" but not saying it's a personal matter or business matter or where they are calling from or that it's an attempt to collect a debt. Nothing. Instead they are acting like we know them.

Edited March 19, 2009 by cfj503

[hegemony]

^^

[NeverQuietHere]

ttt

[CaughtShort]

Great stuff! Goes into my bookmarks.