25 Most Common Violations of your rights by Debt Collectors

We have sued a fair number of debt collectors, debt collection agencies and debt buyers for violating our clients’ rights under the Fair Debt Collection Practices Act (“FDCPA”). While the list of debt collectors that we have sued continues to grow quickly, we have found that the majority of the debt collectors violations are as follows:
Abusive contacts made by debt collectors and collection agencies:
* Debt collectors repeatedly calling your telephone;
* Debt collectors cursing, swearing or otherwise profaning at you during phone calls ;
* Debt collectors contacting and disclosing your debt to other people;
* Debt collectors contacting you without disclosing their identity or the purpose of their call;
* Debt collectors threatening to pursue criminal charges against you for failing to pay a bill;
Debt collectors threatening to take action they do not intend to take, such as:
* Debt collectors garnishing your wages or taking your property when there is no judgment against you;
* Debt collectors threatening to call your employer and disclose the debt;
* Debt collectors threatening to turn your case over to an attorney when it is highly unlikely that any attorney would sue for a balance as small as you might owe;
* Debt collectors contacting you after they know you are represented by an attorney ;
* Debt collectors calling you at any unusual time (before 8 a.m. or after 9 p.m.) or place;
* Debt collectors calling you at work if they know that your employer prohibits it, or if it’s inconvenient for you;
* Debt collectors contacting after sending them a Cease and Desist letter from all any further contact with you;
Debt collectors may not make false, deceptive or misleading statements in connection with the collection of a debt, such as:
* Debt collectors falsely representing to you that criminal action will be taken against you in connection with the debt;
* Debt collectors leading you to believe he/she is an attorney or that a phone call or letter is from an attorney;
* Debt collectors falsely implying affiliation with the United States or any state, including the use of any badge and/or uniform;
* Debt collectors sending a collection letter or leaving a voice mail that fails to contain a statement that “This is a communication from a debt collector.” This statement must be contained in every letter and phone call made by the debt collector;
* Debt collectors communicating false credit information, including failure to communicate to credit bureaus that a debt is disputed;
Debt collectors may not use unfair practices, such as:
* Debt collectors attempting to collect an amount not authorized by contract or permitted by law (for example, a collection agency may not add “collection fees” to a debt if you never agreed to such a charge);
* Debt collectors depositing or threatening to deposit your post- dated check prior to its date;
* Debt collectors accepting or soliciting your check postdated by more than 5 days without 3 business days written notice of intent to deposit ;
* Debt collectors causing any charges to be made to you, e.g., collect telephone calls, usage of cell phone minutes;
* Debt collectors communicating with you by postcard;
* Debt collectors displaying any language or symbol on the envelope indicating the communication concerns debt collection;
These are just some examples of how debt collectors and debt collection attorneys violate the Fair Debt Collection Practices Act and the Michigan Collection Practices Act.

If you have been victimized by a debt collector or have items on your credit report that are incorrect, call or email Attorney Gary Nitzkin for a free consultation at (888) 293-2882. For more information about your credit rights as a consumer, visit our blog at www.micreditlawyerblog.com. Visit our website at www.micreditlawyer.com.

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