What are the most common FDCPA violations?
There are so many irregularities that happen during debt collection. But thanks to FDCPA, which comes to the rescue of the indebted. FDCPA is a short form of the Fair Debt Collection Practices Act. The act controls the rights of consumers during the process of debt collection. FDCPA laws are set under the consumer protection Act. They protect the consumer from misuse, abuse and all sort of unfairness when collecting debts. Many debt collection agencies have violated this set of rules in several ways.
What are some of the FDCPA violations that are common in debt collection?
Calling at prohibited times
FDCPA laws do not allow the debt collectors agencies to call consumers at an unusual time. They are allowed to call after 8 am up to 9 pm; beyond that is a violation of consumers’ rights. Debt collectors, therefore, should understand consumer time zones as stipulated in FDCPA laws. Consumers are not supposed to be contacted outside the stipulated timelines. Many debt collectors have violated this law at a high level.
Many debt collectors have violated consumers’ rights by calling all day long, from hour to hour, using all modes of communication like sending messages, calling, emailing while passing the same information. Some may end up using social media channels to communicate with the consumer over the same issue. Worse enough, some debt collectors end up calling consumers friends to inform them of their outstanding debts. Continuous calling is made to scare the client into paying the debt against the FDCPA laws.
Most debt collectors have failed in safeguarding the dignity of the consumers. The use of abusive language lowers the consumer’s satisfaction. The use of vulgar language while communicating to the consumer is against FDCPA laws. The offensive language used by debt collectors to the consumers is expressed by calling them names, telling them that they are lazy and good for nothing if they cannot settle their bills. Abusive language is made to dim the value of the consumer and is against the law.
Failure to give debt details
Often, debt collectors call the client to inform them of a debt without giving the details of the debt. The consumer is left wondering over in a wide range of thoughts, trying to remember the obligations they might not have paid. FDCPA requires the consumer to be given all the information about the debt like the creditor’s name, the principal amount, and amount paid so far, and the amount not paid and is past due. The clients’ needs to be reminded of their debts. The client also needs to be provided with the notice, which gives them ample time to pay.
Calling after being advised to stop
Sometimes the consumer may not be willing to continue receiving calls from the debt collector. They must issue a notice to the debt collector in the written form indicating that they don’t want to continue receiving calls. At this time, debt collectors are supposed to cease calling those clients unless when informed of their next move in the debt collection process. Calling such clients will contribute to the FDCPA violations.
Dishonoring consumer’s privacy
The consumer will feel safe when their privacy is guarded. Most debt collector’s agencies tend to expose the consumer to their friends, family, and the general public. They usually do so to put the consumer under pressure to pay the debt. Revealing consumers information will tamper with clients privacy, causing a lot of fear, stress and feeling of unworthiness. It may also discourage them from borrowing at any given time.
FDCPA laws have come to the rescue of the local consumers who depend primarily on borrowing to boost their business and investments. FDCPA makes sure that consumers rights in lending and servicing loans are not violated at all costs. FDCPA enhances consumer’s rights, fairness, respect and dignity.