Law Articles

To search for a particular term please use the following search box.

Law Topics

Click on a Topic to see available articles for that topic.

Return to Law Dictionary Index

What types of debt collection practices are not allowed?

HARASSMENT

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not: use threats of violence or harm;

  • Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  • Use obscene or profane language;
  • Repeatedly use the telephone to annoy someone;
  • Call before 8AM or after 9PM
FALSE STATEMENTS

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

  • Tell you that they are attorneys or government representatives, when in fact, they are not;
  • Falsely imply that you have committed a crime;
  • Misrepresent that they operate or work for a credit bureau;
  • Misrepresent the amount of your debt;
  • Indicate that papers being sent to you are not legal forms when they in fact, are;
  • State that you will be arrested if you do not pay your debt;
  • Threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is a legal action;
  • Threaten that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

In addition, debt collectors may not:

  • Give false credit information about you to anyone, including a credit bureau.
  • Send you anything that looks like an official document from a court or government agency and is not an official document.
  • Use a false name in their attempts to collect your debt.
UNFAIR PRACTICES

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

  • Collect an amount that is greater than your debt, unless your state law permits such a charge;
  • Deposit a post-dated check early or use deception to make you accept collect calls or pay for telegrams;
  • Take, or threaten to take your property unless this can be done legally, or contact you by postcard.

    • Return to Banking

    Return to Law Dictionary Index