Top Five Violations of the FDCPA

Krohn & Moss Ltd. handles thousands of cases a year but despite the massive numbers of people we assist each year, the type of complaints we receive about debt collectors are almost exclusively limited to five types of complaints.

The most common complaint is excessive phone calls. There is no rule as to the number of times a debt collector may call you. Whether calling crosses the line and becomes illegal depends on the specific circumstances of each case. The pattern of calls as opposed to the volume of calls is usually how courts determine if a debt collector has violated the law. For example, a debt collector can call a consumer sixty times over six months, and that is probably not illegal if the calls are evenly spaced over that period (10 calls a month or about 2-3 calls a week). However, if a debt collector called ten times in one day that certainly would be a violation. Generally, the more concentrated the calls the more likely the debt collector has broken the law. It is important to document the calls by writing or typing the date, time and number calling because debt collectors always deny claims of excessive calls and phone records may not show all the calls.

Disclosure of information about the debt to a third party is the second most common violation. This occurs when debt collectors call friends, relatives or co-workers attempting to speak with the consumer. Unless the consumer consents to the disclosure of the information or the third party is a spouse, this is absolutely illegal.

Failure by the debt collector to identify itself as a debt collector and that it is calling about a debt is the next most common violation. This usually occurs when a debt collector leaves a voicemail message. It is vital to save these messages as the debt collector will always deny that it failed to comply with this notification requirement.

Threats of legal action (lawsuit, wage garnishment, liens, etc.) are very common violations but are only violations if they debt collector does not intend to take such action (or cannot legally take such action). Debt collectors are permitted to sue, garnish wages after a judgment and other such action but the unintended threat is illegal because it is a deceptive practice. These violations can be hard to detect because a debt collector’s intentions may not be known at the time of the threat. However, since we have handled cases against every major debt collection company in the country as well as hundreds of smaller ones, we know which debt collectors intend such threats and which are just bluffing.

Finally, the fifth most common violation is calls to a consumer’s place of employment. However, this is a violation only if the debt collector knows or has reason to know the calls are prohibited and the employer actually prohibits such calls. Generally, it is necessary for the consumer to advise the debt collector that such calls are prohibited before a violation occurs. Once the debt collector is notified, any subsequent calls are a violation of federal law.