Fair Debt Collection Practices Act in Palm Beach County

The Fair Debt Collection Practices Act is a federal law intended to protect consumers from abusive debt collection activity by collection agencies, attorneys, and those taking assignment of debt by assignment, who are all considered “collectors.” Having an experienced F.D.C.P.A. attorney represent you in such matters assures your rights under the Law are preserved. Among the many provisions of the law, the following are examples of what collectors may, and may not, do:

A. When seeking location information from a neighbor or employer, a collector shall:

1. Identify himself, state that he is confirming or correcting location information concerning the consumer, and only if expressly requested identify his employer;
2. Not state that such consumer owes any debt;
3. Not communicate with any such person more than once unless requested to do so by such person or unless the collector reasonably believes the first response is erroneous or incomplete and such person now has correct or complete information;
4. Not communicate by postcard;
5. Not use language or symbols on envelopes indicating the collector is in the debt collection business or the communication relates to collection of a debt;
6. After the debt collector knows the consumer is represented by an attorney, the collector cannot communicate with any person other than the attorney unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

B. When communicating with a consumer a collector shall not:

1. Without prior consent of the consumer or Court permission, communicate with a consumer under the following circumstances:

(a) at unusual times or places or a time or place known to be inconvenient to the consumer. Unless given notice to the contrary, the law assumes that 8:00 AM to 9:00 PM local time is convenient;

(b) at the consumer’s place of employment if the collector knows or has reason to know the consumer’s employer prohibits the consumer from receiving such communications.

C. Ceasing communication — If a consumer notifies a collector in writing that the consumer refuses to pay a debt, or wishes that the collector stop communication, the collector shall not communicate any further, except to advise:

1. The collector’s efforts are being terminated;
2. That the collector or creditor may invoke specified remedies which are ordinarily invoked by such collector or creditor; or
3. The consumer the collector or creditor intends to invoke a specified remedy.

D. Harassment or abuse of any type conduct prohibited, including:

1. Use or threat of use of violence or criminal means to harm the physical person, reputation, or property of any person;
2. Use of obscene language or language the natural consequence of which is to abuse the hearer or reader;
3. Publication of the name of the consumer other than to credit reporting agencies or legally authorized individuals;
4. Advertisement for sale of any debt to coerce payment of the debt;
5. Causing a phone to ring or engaging any person in a phone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number, or calling back once told the person cannot speak or has hung up;
6. Making calls without meaningful disclosure of the caller’s identification.

E. False, deceptive or misleading representations are prohibited, including:

1. False representation that collector is vouched for, bonded by, or affiliated with the United States or any State government;
2. Falsifying the type, amount, or status of any debt;
3. Falsely making giving impression that the collector is an attorney;
4. Making representation or implying that nonpayment will result in arrest or imprisonment of the consumer, or making representation the collector would proceed with the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and collector or creditor intends to take such action;
5. Threaten any action that cannot legally be taken or that is not intended to be taken;
6. Making representation or implying that a sale, referral, or other transfer of a interest in a debt shall cause consumer to lose any claim or defense to payment of the debt or become subject to any practice prohibited by the law;
7. Falsely representing or implying the consumer committed a crime to disgrace the consumer;
8. Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate a disputed debt is disputed;
9. Use or distribution of written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval;
10. Use of false representation or deceptive means to collect or attempt to collect debt or obtain information concerning a consumer;
11. Fail to disclose in initial communication with the consumer that collector is attempting to collect a debt and any information obtained will be used for that purpose, and failure to disclose in subsequent communications that the communication is from a collector. These requirements do not apply to a pleading made in connection with a legal action;
12. Falsely representing or implying that accounts have been turned over to innocent purchasers for value;
13. Falsely representing or implying that documents are legal process;
14. Use of any business, company, or organization name other than the true name of the debt collector’s
    business, company or organization;
15. Falsely representing or implying that documents are not legal process forms or do not require action by
    the consumer to induce the consumer to take no action; and
16. Falsely representing or implying that a collector operates or is employed by a consumer reporting agency.

F. Using unfair practices of any type – very open-ended – is forbidden, including:

1. Collection of amounts unless such amount is expressly authorized by agreement creating the debt or permitted by law;
2. Accepting checks postdated by more than five days unless consumer is notified of debt collector’s intent to deposit such check not more than ten nor less than three business days prior to such deposit;
3. Solicitation by collector of postdated check for purpose of making threats or instituting criminal prosecution;
4. Depositing or threatening to deposit any postdated check prior to date on such check;
5. Causing charges to be made for communications by concealment of the true purpose of the communication, and include, but are not limited to, collect telephone calls and telegram fees;
6. Taking or threatening to take action other than Court action to obtain property if there is no right to possession of the property claimed as collateral through an enforceable security interest, there is no present intention to take possession of the property, or the property is protected;
7. Communicating with a consumer regarding a debt by postcard;
8. Using any language or symbol other than collector’s address on any envelope when communicating with a consumer by mail or by telegram, except debt collector may use his business name if such name does not indicate the collector is in the debt collection business.

G. Giving warnings about collection activity:

1. A collector must timely provide warnings to the consumer about:
2. The amount of the debt;
3. The name of the creditor to whom the debt is owed;
4. A statement that unless consumer, within 30 days after receipt of communication, disputes validity of debt, or any portion of debt, the debt will be assumed to be valid by the debt collector;
5. A statement that if the consumer notifies the collector in writing within 30 days that debt or portion of debt is disputed, the collector will obtain verification of the debt; and
6. A statement that upon consumer’s written request within 30 day period the collector will provide the name and address of the original creditor if different from the current creditor.

PLEASE NOTE: If a consumer makes these requests, in writing, the collector can not continue with debt collection efforts until verification of the debt or the name of the original creditor is provided to the consumer. However, that is not to say that a lawsuit cannot be filed. There is a distinction to be made between the collection efforts of a collector and litigation. Mr. Lampert’s extensive knowledge and experience in this area of law will serve you well in determining if any of your rights as a consumer have been violated and what remedies may be available to you.

The State and Federal Laws are here to protect you and your rights. Don’t delay taking action; time is not on your side! Call Jeffrey Lampert now to schedule your free consultation.