Fair Debt Collection Practices
    What debts are covered by the FDCPA?
    Consumer debt of all kinds is covered under the Act. This includes money owed for the
    purchase of an automobile, for medical care, or for charge accounts.  It does not include
    private debt or debts between businesses.

    Who is a debt collector?  A debt collector is any person who regularly collects consumer debts. This includes
    attorneys who collect debts (defined above) on a regular basis.  IMPORTANT NOTE:  The original creditor is
    excluded from this definition.  That means that Sears, Citibank or Greentree (for example) can collect debts
    without regard to the restrictions of the FDCPA.  They can contact the debtor at any time, speak to anyone they
    want, and say anything they want to collect the debt, short of criminal threats or intentional infliction of mental
    distress.

    How may a debt collector contact you?  A collector may contact the debtor in person, by mail, telephone,
    telegram, or fax. However, a debt collector may not contact the debtor at inconvenient times or places, such as
    before 8 a.m. or after 9 p.m., unless he/she agrees. A debt collector also may not contact the debtor at work if
    the collector knows that your employer disapproves of such contacts.  Should be sent certified so there is proof
    it was received.

    Can you stop a debt collector from contacting you?  The collector must stop all contact if the debtor (or
    attorney) sends a written demand to stop further contact about the debt.  Once the collector receives your letter,
    they may not contact the debtor again except to say there will be no further contact or to notify them that the
    debt collector or the creditor intends to take some specific action. This letter should be sent certified.  Advise
    that it will not make the debt go away, and may increase probability of the debtor being sued.

    May a debt collector contact anyone else about your debt?  If the debtor is represented by an attorney,
    the debt collector must contact the attorney, rather than the debtor. If debtor is unrepresented, a collector may
    contact other people, but only to find out where the debtor lives, phone number, and where they work.
    Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector
    may not tell anyone other than the debtor and attorney that there is a debt owed.

    What must the debt collector tell the debtor? Within five days after the first contact, the collector must send
    a written notice telling stating the amount owed; the name and address of the creditor; and what action to take if
    the debt is disputed.  This notice must also state prominently that the debtor has a right to receive written
    verification of the debt if the request is made within 30 days.  
    Until the written verification is provided the creditor is prohibited from taking further collection action, including
    credit reporting, phone calls, letters, etc.

    What types of debt collection practices are prohibited?

    Harassment.  Debt collectors may not harass, oppress, or abuse the debtor or any third parties they
    contact.  For example, debt collectors may not:

  • use threats of violence or harm;
  • publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  • use obscene or profane language; or repeatedly use the telephone to annoy someone.
  • Repeated phone calls are not in themselves considered harassment.

    False statements. Debt collectors may not use any false or misleading  statements when collecting a
    debt. For example, debt collectors may not:

  • falsely imply that they are attorneys or government representatives;
  • falsely imply that you have committed a crime;
  • falsely represent that they operate or work for a credit bureau;
  • misrepresent the amount of your debt;
  • indicate that papers being sent to you are legal forms when they are not; or
  • indicate that papers being sent to you are not legal forms when they are.

    Prohibited statements:
  • you will be arrested if you do not pay your debt;
  • they will seize, garnish, attach, or sell your property or wages, unless a judgment has actually been
    taken; or
  • state or imply that a lawsuit or other action will be filed when it’s not legally possible (e.g. past
    statute of limitations or attorney isn’t admitted in Georgia), or when they do not intend to take such
    action.

    Prohibited acts:
  • providing false credit information to anyone, including a credit bureau;
  • sending anything that looks like an official document from a court or government agency when it is
    not; or
  • using a false name.

    Unfair practices:
    The following are considered unfair practices and are therefore prohibited:
  • collecting any amount greater than your debt, unless your state law permits such a charge;
  • depositing a post-dated check prematurely;
  • using deception to induce the debtor to accept collect calls or pay for telegrams;
  • taking or threatening to take property unless this can be done legally; or
  • contacting the debtor by postcard.

    What control does debtor have over payment of debts?  If more than one debt is owed, any payment must
    be applied to the debt the debtor designates. A debt collector may not unilaterally apply a payment to any debt
    that is disputed.

    What are the penalties for violation of the FDCPA?  Debt collectors can be sued in a state or federal court
    (including small claims court) within one year from the date the law was violated.  Damages include any actual
    damages and up to $1,000 in penalties, plus attorney fees and court costs.   A group of people also may sue a
    debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth,
    whichever is less.

    Where can you report a debt collector for an alleged violation?
    Complaints about debt collectors should be submitted to the state Attorney General's office and the Federal
    Trade Commission.

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