Debt Collection Violations

businessman signing a contract

The Financial Accounting Standards Board maintains records of complaints.  Several complaint alleging improper collection practices are set forth,

A complaint with Source Receivables Management alleges that the company attempted to collect an improper amount.

A complaint regarding Pro Collect, Inc alleges the company attempted to collect a debt that was not owed.

Medical debt collection practices has been a persistent problem with violations seen.

1. Statutes and Fair Debt Collection Practices Act.

The Fair Debt Collection Practices Act (FDCPA) prohibits  various practices including.

§ 806.  Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

15 USC 1692e

§ 807.  False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

FREE CONSULTATION ON YOUR DEBT COLLECTION CLAIM  Call (973) 598-1980 or email HowardGutman@aol.com

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