In addition to using harassment or deceitful tactics, the Fair Debt Collection Practices Act forbids debt collectors from making false statements to the debtor. In section 808, regarding unfair practices, the Act states, “A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.”
One of the most common illegal procedures is when a collector tries to charge you more than the original debt. In reference to increasing the charge, The Fair Debt Collection Practices Act states:
“The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.”
In other words, a debt collector is not allowed to collect interest, add a fee, or attempt to collect more than the original debt or charge unless the contract that created your debt – or your state law – allows the charge. They are also not allowed to charge you for attempting to contact you.
The Fair Debt Collection Practices Act doesn’t erase your debt – you are still responsible to pay what you owe – but it does give you recourse with the ability to sue if you’ve been mistreated by a debt collector. If you’ve been harassed or deceived by a debt collector, contact an attorney who is well versed in the law. Lemberg & Associates attorneys are experts in the Fair Debt Collection Practices Act and believe in helping their clients seek what’s fair.
