Debt Collection Violations
There have been debt collectors engaged in the following practices, which the CFPB found to be an unfair practice or violation of the Federal Debt Collection Practices Act (FDCPA). These are the most common debt collection violations:
Unlawful imposition of convenience fees
Convenience fees are imposed if payments are made using either a credit or debit card. There are different restrictions in different states, so make sure you speak with a qualified attorney, like McCarthy Law.
False threats of litigation
The FDCPA prohibits a debt collector from threatening a consumer with any action it does not intend to undertake. Also, a debt collector violates the FDCPA when it threatens a consumer with litigation it does not intend to pursue. Pursuing debt collections lawsuits is however real, and many collectors do pursue litigation. McCarthy Law represents you in cases of creditor lawsuits.
Student Loan and Mortgage Debt
Debt collectors have also been known to engage in illegal practices such as charging unfair late fees and making harassing debt collection calls in regards to student loans and mortgages. CFPB examiners also recently found that some mortgage servicers failed to provide critical consumer protections required by the new CFPB servicing rules that took effect earlier in 2014. There are many more violations that are quite common such as:
- Call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable)
- Place telephone calls to you without identifying themselves as bill collectors
- Contact you at work if your employer prohibits it
- Use obscene or profane language
- Use or threaten to use violence
- Claim you owe more than you do
- Claim to be attorneys if they’re not
- Claim that you’ll be imprisoned or your property will be seized
- Send you a paper that resembles a legal document
- Add unauthorized interest, fees, or charges
- Contact third parties, other than your attorney, a credit reporting bureau, or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your codebtors.