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

Communications by debt collectors that are threatening or harassment may violate federal law.

Repeatedly calling to annoy, harass, or abuse.
Using obscene, profane, or threatening language.
Threatening violence or harm.

Improper Collection Contacts

Collection calls that are too early or too late, or reveal your default status to others, may violate your federal rights.

Calling before 8:00 a.m. or after 9:00 p.m. (unless you agree otherwise).
Contacting you at work after being told not to.
Discussing the alleged debt with family members, neighbors, or employers.
Continuing to contact you after you’ve requested in writing that they stop.

Unfair Practices

It may violate federal law if a mailing from a collector reveals that you owe a debt.

Collecting fees, interest, or charges not authorized by the contract or law.
Depositing a postdated check before the date on the check.
Contacting you by postcard (which exposes your debt to others).

Failure to Provide Required Information

Woman reviews documents with a worried expression, Debt Collection Abuse (FDCPA), in the kitchen.

Ignoring or failing to properly respond to a written dispute or request for validation.
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

Collection letters must not include false or misleading information.

Pretending to be an attorney, government agent, or law enforcement.
Misrepresenting the amount, character, or legal status of an alleged debt.
Threatening arrest, wage garnishment, or lawsuits they cannot or do not intend to pursue.
Sending documents that falsely look like court papers.

Unlawful Litigation Practices

Failure to follow the FDCPA when filing a lawsuit against a consumer can violate that consumer's rights under federal law.

Filing lawsuits in a court that is not your home county or where the contract was signed.
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:

• 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.

Learn more about Debt Collection Abuse & Consumer Rights.

Debt Collector Harassment & FDCPA Violations

Common Collection Abuse Violations

Legal Remedies Under the FDCPA

Free Case Review

Debt Collector Harassment
& FDCPA Violations