Statewide clientele but with emphasis on the Front Range communities of Greenwood Village, Boulder, Aurora, Centennial, Lakewood, Englewood, Avada, Westminster, Broomfield, Thornton, Golden, Littleton, Castle Rock, Monument, Colorado Springs, Highlands Ranch, Aurora, Parker, Centennial and Pueblo as well as other cities throughout Arapahoe County, Boulder County, Douglas County, City & County of Denver, Elbert County and Jefferson County.
Borrowers’ Rights under the Fair Debt Collections Practices Act (FDCPA) (Pt. 2)
May 23, 2014
Picking up from Borrowers’ Rights under the Fair Debt Collections Practices Act (FDCPA) (Pt. 1), here we will continue our discussion regarding the important provisions of the FDCPA that all borrowers should be aware of. While the first part of this blog was focused on pointing out some of borrowers’ specific rights as laid out by this Act, here, we will spotlight some of the specific actions that creditors (i.e., third-party debt collectors) are NOT allowed to take when it comes to attempting to collect on outstanding debt.
FDCPA: Prohibited Conduct for Creditors
Some of the specific things that debt collectors are NOT allowed to do when they are reaching out to borrowers to collect outstanding debt include (but are not limited to):
- Calling borrowers late at night or very early in the morning – In fact, debt collectors are only allowed to call borrowers between the hours of 8:00am and 9:00pm (in the borrowers’ time zone).
- Continue to contact borrowers after being told to stop – When borrowers send debt collectors a written notice to officially request that the creditor stop contacting borrowers, all communications must be stopped. Continuing to try to call, send letters to or otherwise communicate with borrowers after an official request to cease communication has been made constitutes a violation of the FDCPA.
Here, it’s important to point out that the request to stop communications does not mean that borrowers are off of the hook for paying debt. It simply means that debt collectors can no longer contact them about payment of the outstanding debt.
- Persistently calling borrowers – When debt collectors incessantly call borrowers with the intent to harass them, this will likely be considered to be a violation of the FDCPA.
- Calling a borrower at work – Although debt collectors are allowed to call borrowers at work, they must stop this practice if and when borrowers tell them to stop. Similarly, if borrowers have retained an attorney and tell debt collectors to only deal with the attorney, these agencies must cease all communications with the borrowers and only deal with the legal professionals representing the borrowers.
Stay posted for the conclusion to this blog for some more essential info about the FDCPA.
Colorado Bankruptcy Lawyers at the Law Office of Jon B. Clarke, P.C.
If you are overwhelmed by seemingly insurmountable debt and are looking for a financial fresh start, contact the trusted Colorado debt relief and bankruptcy lawyers at the Law Office of Jon B. Clarke, P.C. For more than 35 years, Mr. Clarke and his diligent support staff have been successfully helping our clients resolve even the most complex bankruptcy cases for both individuals and businesses alike. Our experienced legal professionals are committed to providing each of our Clients with the personalized debt relief assistance they need, and we will work tirelessly to ensure that our Clients’ cases are resolved as favorably and efficiently as possible.
For a thorough assessment of your situation, along with expert advice regarding the best manner in which to move forward to unburden yourself from debt, call us at (866) 916-3950 or email us some details about your situation by clicking here.