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FDCPA Common Violations by Collection Agencies

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FDCPA – Fair Debt Collection Practices Act (directed towards collection agencies)

— FDCPA violation: harassment or abuse (pursuant to 15 USC 1692 d )

— FDCPA violation: actual or implied threat

— FDCPA violation: insufficient and incomplete validation

— FDCPA violation: continued collection activity during the period of validation or dispute. Recker v Central Collection Bureau, Inc. 

— FDCPA violation: communication with third parties (pursuant to 15 USC 1692 c )

— FDCPA violation: false or misleading representations (pursuant to 15 USC 1692 e )

— FDCPA violation: unfair practices (pursuant to 15 USC 1692 f )

— FDCPA violation: willful noncompliance with the Act

— Defamation of character

— FDCPA violation: communication with third parties (pursuant to 15 USC 1692 c ) the “defamation of character” complaint has teeth. If a CA lets another person know who the debtor is, and why they’re calling you then they have violated the FDCPA and, if they cannot provide adequate validation, then they have essentially told a lie about you! i.e., they have defamed your character.

— FDCPA violation: telephone contact despite a lawful cease and desist notice.

Typically, when one files a lawsuit against a CA or CRA, one lists multiple violations if possible.

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