If you’ve found that you’re behind in paying your bills, we’ve provided some questions and answers that could help you understand your rights as a debtor under the Act.
Q1. Who is a debt collector? Answer:
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
Q2. What debts are covered under the Fair Debt Collection Practices Act? Answer:
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care or for charge accounts.
Q3. What types of debt collection practices are prohibited? Answer:
Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
Debt collectors also may not state that:
Debt collectors may not:
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
Q4. Can a debt collector continue to contact you if you believe you do not woe money? Answer:
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
Q5. What must the debt collector tell you about the debt? Answer:
Within five days after you’re first contacted, the collector must send you a written notice telling you the amount of money you owe, the name of the creditor to who you owe the money and what action to take if you believe you do not owe the money.
Q6. Can a debt collector contact anyone else about your debt? Answer:
If you have an attorney, the debt collector must contact the attorney instead of you. If you don’t have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
Q7. Can you stop a debt collector from contacting you? Answer:
A: You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact, or to notify you that the debt collector or the creditor intends to take some specific action.
Sending such a letter to a collector doesn’t make the debt go away if you actually owe it, though. You could still be sued by the debt collector or your original creditor.
Q8. What can you do if you believe a debt collector violated the law? Answer:
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney’s fees can also be recovered. A group of people may also sue a debt collector and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever is less.
Q9. What control do you have over payment of debts? Answer:
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
Q10. Where can you report a debt collector for an alleged violation? Answer:
Report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights.