- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Illegal and Abusive Collection Practices
The Following Are Considered Abusive And Illegal Collection Practices:
- Collectors cannot call you at unreasonable hours: The law presumes that 8:00 am -9:00 pm is reasonable. Any time outside this range is considered excessive and unlawful in most states.
- Collectors cannot call you at work so long as you first inform them that your employer does not permit personal phone calls.
- Collectors cannot communicate with other people about your debt or even that you owe a debt – while they can look for you – they cannot mention or imply that it is about a debt owed.
- Collectors cannot threaten to sue you or take other legal action (like repossession or wage garnishment) unless they intend on doing so. (Also known as the “put-up or shut-up rule)
- Collectors cannot engage in “harassment” to collect a debt. The following prohibited conduct has been considered harassment per se in most states:
- Collectors cannot threaten you that your credit will be ruined if you fail to pay your debt.
- Collectors cannot threaten harm in any way– either directly or indirectly and cannot use profanity.
- Collectors cannot call you repeatedly (As of July 2015, almost all states prohibit more than once a day)
- You cannot give the false impression that you are speaking with a lawyer. Similarly, they cannot send you a letter that falsely gives the impression it’s from a law office.
- A collector cannot request that you write a post-dated check. (A five-day post is allowed in some states)
- Nobody can falsely insinuate that you have committed a crime by not paying your debt. (Being delinquent on a debt is not a criminal offense)
- Nobody can communicate with you if you have referred them to your attorney and have given them the attorney’s name, address, and phone number.
- The collector cannot send you a postcard.
- The collector cannot make false threats of suit or legal action without actually taking that action.
How To Report A Debt Collector For Violations
Report any problems with a debt collector to your state Attorney General’s office, the Federal Trade Commission, and the Consumer Financial Protection Bureau. Many states have debt collection laws that differ from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For legal assistance and consultation with a consumer debt and protection lawyer, consider connecting online:
