Macco Law Group, LLP

What is the Fair Debt Collection Practices Act?

What is the Fair Debt Collection Practices Act?

New York residents like you may get into situations in which you end up struggling with debt. There are numerous different reasons that backslides into debt happen. Regardless of the reason, you deserve to process through your debt without harassment.

Unfortunately, some debt collectors will turn to harassing you to get their money back. They do this even though it is illegal, and you may need to take steps to protect yourself.

What are examples of harassing behavior under FDCPA?

The Consumer Protection Financial Bureau examines protections the Fair Debt Collection Practices Act (FDCPA) offers. The FDCPA came about when debt collectors using unfair and harmful practices got out of hand. Under the FDCPA, any action taken with the intent to annoy, harass or abuse you is illegal.

Some examples of these actions include:

  • Making repeated phone calls with the specific intention of harassing, abusing or annoying you or your family members
  • Refusing to identify themselves over the phone
  • Making threats of harm or violence toward you or your loved ones
  • Using obscene or profane language when speaking with you
  • Publishing your information in a public way with the intention of shaming you for your debts
  • What are misrepresentations?

    The FDCPA also disallows misrepresentations. In other words, no false, misleading or deceptive practices. For example, they cannot make misrepresentations about the amount you owe. They cannot threaten you with arrest falsely, nor can they threaten you with things that are not legally possible. They also cannot present themselves as an attorney if they are not one.

    Going up against these issues can still feel overwhelming, though. It may benefit you to seek the aid of a financial expert to help you get through this situation.