A simple test for figuring out whether a debt collector violated the FDCPA

I’ve written a great deal (for example: see this post, this post, and this post) about what specific debt collector conduct violates the Fair Debt Collection Practices Act. But the easiest way, perhaps, to figure out whether a debt collector has run afoul of the FDCPA is to think about the Act more broadly.

Without getting into specifics, the FDPCA prohibits debt collectors from doing anything that is (1) unfair; (2) untrue; or (3) harassing or abusive. Obviously, the Act lists a number of specific debt collection tactics that fall into these three categories. But the FDCPA also makes it very clear that any debt collection conduct–whether specifically listed in the Act or not–that is unfair, untrue, or harassing and abusive is a FDCPA violation.

So rather than poring over the text of the FDCPA or reading dozens of articles on the internet, just ask yourself this question: did the collector do something that was unfair; untrue; or harassing or abusive? If your answer to this simple question is yes, there’s a good chance that the debt collector violated the FDCPA and your next move should be to contact a consumer rights lawyer.

If you’re dealing with debt collectors, make sure to download and use our free debt collection call log so that you can document all of the debt collectors’ communications. And if a debt collector does anything that you think was unfair; untrue; or harassing or abusive, please contact us to discuss the situation further. We offer a free case review for all FDCPA cases and if we agree to handle your case, you won’t have to pay us any money up front. Our fees come from the money we recover for you if you win your case or accept a negotiated settlement.

Photo: http://www.flickr.com/photos/typicalgenius/2395906902/