When Debt Collectors Call, Part 4: What Acts or Practices are Prohibited by the FDCPA? — NMBankruptcyBlog.com

no entryFrom time to time, a Guest Blogger will share voice at the New Mexico Bankruptcy Law Blog. Today, we welcome Deborah DeMack. Deborah is a former Assistant Attorney General in the Consumer Protection Division of the New Mexico Attorney General’s Office. A solo practitioner now in private practice in Santa Fe, NM, Ms. DeMack practices consumer law, debt collection defense, and consumer bankruptcy. She can be reached at 505.471.3302. This is part 4 of the series.

What Acts or Practices are Prohibited by the FDCPA (Fair Debt Collection Practices Act)?

The FDCPA is intended to protect consumers from harrassment, abuse, invasion of privacy, false or deceptive representations, and unfair or unconscionable collection methods.

Specific prohibited acts include calls before 8 a.m. or after 9 p.m., repeated phone calls, use of obscene or profane language, communicating with anyone other than the consumer or the consumer’s attorney about the debt, representing that non-payment of a debt will result in arrest or imprisonment, false threats of legal action, threatening to report false credit information to the credit bureaus, representing that documents are authorized or issued by any court, official or agency of the United States government or state government, or any other false, deceptive or misleading representation or act in connection with the collection of a debt.

Next in the series is Part 5: How Do You Stop a Debt Collector from Contacting You?

Previous posts in the series: Debt Collection Abuse and the FDCPA, To Whom Does the FDCPA Apply? What Debts are Covered?, How May a Debt Collector Contact You?

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