Fair Debt Collection Practices Violations
The Fair Debt Collection Practices Act (FDCPA) is a federal law that makes certain behaviors and practices from debt collectors illegal. It is intended to protect debtors from abuse, harassment, and lies when being contacted about their debt. Who is considered a debt collector under the FDCPA? Any entity or person who collects debts owed to other people or entities is a debt collector. So, creditors who are owed money and collect debts for themselves are not included in this classification. The FDCPA includes a prohibition on the following behavior:- Debt collectors cannot publish the debtor’s name on a public blacklist or announcement.
- Debt collectors cannot engage in any abusive tactics or harassment.
- They are prohibited from lying to debtors or providing misleading information to collect payment.
- Debt collectors are not allowed to do anything that would be considered shocking or unfair.
- They are only allowed to contact debtors between 8:00 am and 9:00 pm.
- They cannot have direct contact with anyone represented by a lawyer.
Fair Credit Reporting Violations
Your credit report and score play an important role in many activities that you will need and want to do. When your report includes inaccurate, old, or partial information, you may find it challenging or even impossible to get a loan or credit card. An incorrect credit report can even affect your career and job applications. The Fair Credit Reporting Act (FCRA) protects you from lenders and credit reporting agencies that use your credit report illegally, provide inaccurate information on your report, or fail to address report errors. Specifically, the FCRA states that these institutions:- Must report a debt that’s been discharged in bankruptcy
- Cannot report debt information older than seven years
- Must correct mistakes in a credit file
- Cannot report debts that have been settled
- Are required to provide investigation results to the consumer
- Must inform the consumer about the dispute process