The federal Fair Debt Collection Practices Act states that unfair practices are illegal practices. This means that a debt collector may not engage in “Any unfair or unconscionable means to collect or attempt to collect the alleged debt.” This mostly includes threats, because the law recognizes that to threaten someone in an attempt to collect a debt is harassment. Section F of the law states that unfair practices consist of:
- Attempting to collect more than the original debt
- Using collect telephone calls or causing other charges made to the consumer
- Threaten to take, repossess or disable the consumer’s property
- Getting or requesting postdated checks in the following manner:
- That are to be deposited more than 5 days from receipt, without 3 days written notification to the debtor
- Soliciting them by threat of criminal prosecution
- Depositing (or threatening to deposit) them prior to the date on the actual check
- Communicate by postcard with the consumer, or using language or a symbol on an envelope that indicates that the letter is from a debt collector.
This section contains more specific common unfair practices.
