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.

The FDCPA stipulates that debt collectors cannot persistently call borrowers. Here are some more actions creditors can’t take when collecting debt.

The FDCPA stipulates that debt collectors cannot persistently call borrowers. Here are some more actions creditors can’t take when collecting 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.

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Categories: Blog, Debt Delinquency, Fair Debt Collection Practices Act