» 
The Fair Debt Collection Practices Act (“FDCPA”) is a federal U.S. law that protects debtors from professional collectors who act improperly. There are numerous improper acts for which a collector can be sued. Some of these improper acts may include:
- Making false representations about the debt.
- Making false representations about the collector’s intentions (see below).
- Unlawful threats.
- Unlawful harassment.
- Calling at odd hours.
A successful lawsuit can result in a monetary award to the individual whom the collector attempted to victimize. The debtor’s attorney fees can also be charged to a collector that violated the FDCPA.
False representations about the collector’s intentions can include many kinds of falsehood. Furthermore, it does not matter whether you yourself were fooled by the deception; if a less-sophisticated person would have been fooled, then the act is covered by this law. Some examples of false representations may include:
- Threats to attach wages when there is no actual intent to do so.
- Threats to contact an employer about the debt.
- Threats to harass the debtor until the debt is paid.
- Threats to contact government authorities.
- Threats to report financed cars as “stolen.”
- Threats of imprisonment for debt.
- Threats of criminal prosecution.
- Threats to sue, when there is no intent, or no authority to sue.
- Threats to add fees, costs and other charges that are not part of the debtor’s contract with the original lender.
- Claims that the collector is a lawyer, when he is not.
- Letters appearing to be from an attorney, when the attorney has not reviewed that letter.
- Threats to turn the matter over to the collector’s legal department, when none exists.
- Threats to give legal advice, advising the lender to sue, when the collector is not an attorney.
- Threatening action against family members.
This is not a complete list of potential violations. There are dozens of ways that a collector can violate the FDCPA. This is only a sample of the kinds of activities that may give rise to a lawsuit, and is not intended to suggest that you may or may not have a cause of action. Consult with an attorney of your choosing to determine whether you are a victim of an FDCPA violation.
Please see our Disclaimer page for an explanation of the limited purpose of this informational page.