The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p controls what a collection agency can or cannot do when collecting debt. It is important to note that this law does not apply to the original creditor, the person or company the debt is incurred with, rather it only applies to third party companies who collect debt on behalf of the original creditor.
The provisions of the law prohibit certain conduct by collection agencies, such as communicating, “at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer,” or, “at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.” The debt collector must also cease any further communications, “If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer.”
The debt collection company also cannot, “engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.” This would include, “threat of use of violence or other criminal means”, “use of obscene or profane language”, and “publication of a list of consumers who allegedly refuse to pay debts.”
Additionally, the debt collector is prohibited from using, “any false, deceptive, or misleading representation or means in connection with the collection of any debt,” or using, “unfair or unconscionable means to collect or attempt to collect any debt.”
