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Your Rights Under Federal Law

Major FDCPA Violations

15 U.S.C. 1692e(4); see 5.5.7, supra. Does the communication give the impression that nonpayment of any debt will result in the arrest or imprisonment of any person, or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action?
15 U.S.C. 1692b(2); see 5.3.6, supra. In communications with persons other than the consumer or spouse, has the debt collector stated that the consumer owes any debt?
15 U.S.C. 1692b(3); see 5.3.6, supra. In communications with persons other than the consumer or spouse, has the debt collector contacted that person more than once?
15 U.S.C. 1692d(1); see 5.4.2, supra. Has the debt collector used or threatened the use of violence or other criminal means to harm the consumer or his/her property?
15 U.S.C. 1692d(2); see 5.4.3, supra. Has the debt collector used profane language or other abusive language?
15 U.S.C. 1692d(3); see 5.4.4, supra. Has the debt collector published a list of consumers who allegedly refuse to pay debts?
15 U.S.C. 1692f preface; see 5.6.1, supra. Does the collector use any other unfair or unconscionable means to collect or attempt to collect the alleged debt (e.g., collecting time barred debts or filing suit without legal authority)?
15 U.S.C. 1692f(6); see 5.6.6, supra. Has the debt collector taken or threatened to unlawfully repossess or disable the consumer's property?
15 U.S.C. 1692g; see, supra. Has the collector filed a lawsuit without validating

Again, any of the violations above could be cause for legal action against a debt collector. At the very least they can be used to threaten legal action and get a debt collector to back down. Serious debt collection violations could result in immediate legal action that may result in fines, penalties, and possibly even elimination of the debt you owe. Some debtors even make money by suing abusive debt collectors if the violations are frequent and severe enough!

Think your rights have been violated? Consult with an attorney for free and find out.

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