FDCPA - The Big Five Violations
Greg Artim and Clay Morrow
There are many possible actions that a debt collector
can take that are illegal. The list could go on for
pages and pages.
In our experience, however, there are five (5) FDCPA violations that we
see with much greater frequency than others.
1) Threatening action, such as wage garnishment,
that cannot actually be taken. In Pennsylvania, wage garnishment for
credit card debt is illegal except in the most limited of circumstances
(usually if an out of state judgment is in place). Any threat to garnish
wages in PA (that doesn't meet the limited exception) would be a violation
of the FDCPA.
2) Improper calculation of the alleged debt.
Debt collectors often tack on additional costs and fees and interest that
they are not legally entitled to. If the collector tries to collect on an
amount over and above what is actually due and owing, it is an FDCPA
violation.
3)
Calling or contract third parties. For the
most part, a collector can only contact a third party (friend, neighbor,
relative) to find your location and contact information, and only after
they have made their own good faith effort to contact you. They
may not discuss the alleged debt with this third party.
4)
Failure to send a notice of your right to request
validation of the debt within five days of first contacting the debtor.
This is called the g notice. The collector must advise you that under
1692(g) you have the right to request validation of the alleged debt,
including the amount and the name of the original creditor.
5)
Re-age the debt to preserve the statute of limitations
for credit reporting or to make the debt appear newer than it actually is.
A collector may not make the debt appear to be newer than it actually is.
If you think that your rights have been violated by a debt
collector, simply call our office at 412-281-1250 or 1-888-536-6644 or send an email
to
Morrow & Artim
Benjamin Franklin