District of Columbia Fair Debt Collection Law
The District of Columbia Code Sections 22-3401 to 22-3403, 28-3814 to 28-3816, and 28-3901 to 28-3909 deal with debt collection agencies, creditors, and attorneys who regularly engage in debt collection. To a great extent, they mirror the federal Fair Debt Collection Practices Act, in that they say that:
- Debt collectors can’t use obscene or profane language, threaten you, accuse you of committing a crime, or physically harm you or others
- A debt collection agency can only call between 8:00 a.m. and 9:00 p.m., unless you request to be contacted at other times
- A debt collector can’t call you at work if he knows that your employer disapproves
- You can write a cease and desist letter to a debt collection agency, after which it can’t contact you except to notify you that it’s no longer collecting the debt or that it’s taking legal action
- A debt collector can’t contact you directly if you have an attorney
- Debt collection agencies can only contact third parties in order to determine your home address, your phone number, and where you work; a debt collector can’t say that you owe a debt, and can only contact a third party once
- Debt collectors can’t contact you via postcard or use envelopes that indicate the correspondence is from a collection agency
- A debt collector can’t pretend to be an attorney if he is not a lawyer
- A debt collection agency can’t send documents that appear to be legal documents when they’re not
- Within five days of contacting you, the debt collection agency must provide you with a written notice outlining the amount you owe and the name of the creditor, along with information about the actions you can take to dispute the debt
- You can dispute any or all of the debt, in writing, within 30 days of receiving the first notice; the debt collection agency can’t contact you again until it mails you proof that you owe the debt and the name of the original creditor
- A debt collector can’t contact you if you’ve notified the debt collection agency that you’re being represented by an attorney
- A debt collection agency can’t publish or post your name
- Debt collection agencies can’t collect an amount greater than what you owe or misstate the amount owed
- A debt collector can’t trick you into paying for a collect call or telegram
- A debt collection agency can’t prematurely deposit a postdated check
- A debt collector can’t get you to say that you owe money erased in bankruptcy without telling you that you can refuse
District of Columbia law allows individual consumers to sue debt collection agencies, creditors, and attorneys who regularly engage in debt collection. Depending upon the specific law violated, a successful lawsuit filed in the District can result in an award of actual damages, punitive damages, special damages, and attorney fees; or three times the damages, punitive damages, and attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated District law and the FDCPA, we’ll take your case absolutely free.
File a Complaint
If you’ve been the victim of illegal fair debt or fair credit practices, you should file a complaint with the District of Columbia Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form from the District of Columbia’s Attorney General’s office by clicking here.
Here’s the contact information to call or send a written complaint to the District of Columbia’s Attorney General’s office:
Office of the Attorney General
441 4th Street NW, Suite 1145S
Washington, DC 20001
Consumer.protection@dc.gov
202-442-4615 or 202-442-9828
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
