Debt Collector Harassment
& FDCPA Violations
Federal law protects consumers from abusive, deceptive, and unfair debt collection practices. The Fair Debt Collection Practices Act (FDCPA) places limits on how debt collectors may communicate with consumers and prohibits certain collection tactics.Debt collection harassment can take many forms, including repeated or threatening phone calls, false statements about the status of a debt, or attempts to collect debts that are not owed.When collectors violate these rules, consumers may have legal remedies under federal law.
Common Collection Abuse Violations
Threats & Harassment
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Repeatedly calling to annoy, harass, or abuse.
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Using obscene, profane, or threatening language.
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Threatening violence or harm.
Improper Collection Contacts
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Calling before 8:00 a.m. or after 9:00 p.m. (unless you agree otherwise).
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Contacting you at work after being told not to.
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Discussing the alleged debt with family members, neighbors, or employers.
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Continuing to contact you after you’ve requested in writing that they stop.
Unfair Practices
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Collecting fees, interest, or charges not authorized by the contract or law.
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Depositing a postdated check before the date on the check.
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Contacting you by postcard (which exposes your debt to others).
Failure to Provide Required Information
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Ignoring or failing to properly respond to a written dispute or request for validation.
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Not sending a written validation notice within five days of first contact (detailing the debt, creditor, and your right to dispute).
False or Misleading Representations
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Pretending to be an attorney, government agent, or law enforcement.
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Misrepresenting the amount, character, or legal status of an alleged debt.
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Threatening arrest, wage garnishment, or lawsuits they cannot or do not intend to pursue.
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Sending documents that falsely look like court papers.
Unlawful Litigation Practices
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Filing lawsuits in a court that is not your home county or where the contract was signed.
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Attempting to collect on debts past the statute of limitations (time-barred debts).
Legal Remedies Under the FDCPA
When debt collectors violate the FDCPA, consumers may have the right to pursue remedies provided by federal law. Depending on the circumstances, available remedies may include:
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• statutory damages
• actual damages
• attorney’s fees and litigation costs where permitted
Free Case Review
Wells Law – Chicago offers free case reviews to determine whether a matter may be appropriate for representation by our firm.
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