Macco & Corey P.C.

What behaviors are prohibited by the FDCPA?

What behaviors are prohibited by the FDCPA?

When people fall behind on credit card debt, credit card companies can be quite aggressive in trying to collect that money. In some cases, they may turn the collection over to a collection agency. Collection agencies have a reputation for being aggressive in trying to collect past due credit card debt. Often, they can use harassing and intimidating tactics in order to try and get residents in New York to cooperate and pay money.

However, people should know that they have legal protections that stop collection agencies from harassing them. In particular, the Fair Debt Collection Practices Act prohibits creditor harassment. Under the FDCPA, collection agencies are prohibited from a variety of different types of behavior.

Specifically, they are prohibited from engaging in specific acts of harassment. This includes using threats of violence, using obscene language or repeatedly calling someone in order to collect the debt. They are also prohibited from publishing names of people who refuse to pay debt.

Additionally, the FDCPA prohibits collection agencies from using false statements to collect a debt. This includes claiming that individuals have committed a crime by not paying the debt.

Credit collection agencies also may not seize property or garnish wages unless legal action has been taken, claim that you will be arrested for failing to pay a debt or threaten other illegal action. They must also avoid giving information about the debt to anyone else.

Despite these rules, many collection agencies still engage in harassing and illegal conduct. People who have suffered from this type of conduct may have legal rights. Individuals may also have options when it comes to eliminating their credit card debt in the first place. By taking steps to receive debt relief, individuals can put a stop to the collection efforts once and for all. An attorney can help to explain individuals’ legal rights when they are facing overwhelming credit card debt.