What constitutes a violation of theFDCPA?

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What constitutes a violation of theFDCPA?

A “para-legal” representing an unnamed company called to collect a debt. It took a while before he told me I owed $445.36. I told him I don’t have the money to pay and wouldn’t for at least 30 days. He said they’re filing suit in CA and I would need an attorney, which would cost me $8000. He then said if I didn’t pay the amount owed, they’d contact my work to have them pay it and if that didn’t happen, the local sheriff would come to my house and arrest me. Don’t these threats violate FDCPA regs? Should I get an attorney? I have a contact number, but he never would tell me for whom he works.

Asked on August 6, 2011 Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Fair Debt Collection Practices Act was passed in 1977 (15 U.S.C. section 1692). This statute holds that third party collection agencies violate it when they unlawfully threaten, berate, intimidate, harass, call on the telephone at odd hours and make false representations about its debt intentions. The above examples are not exhaustive as to what is a violation of the statute, but are merely some examples.

Examples of improper conduct amounting to a violation of this statute are: 1. threatening to file a lawsuit of the debt is not paid, 2. threatening to contact the debtor's employer about the employee's debt, 3. threatening criminal prosecution to obtain leverage over the debtor.

You listed conduct in violation of the "FDCPA".

You should consult with an attorney over what happened with you and the third party debt collection company and provide the attorney with all information you have about what happened.

Good luck.


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