What is an unfair, deceptive or abusive practice by a debt collector? | Consumer Financial Protection Bureau (2024)

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What is an unfair, deceptive or abusive practice by a debt collector? | Consumer Financial Protection Bureau (2024)

FAQs

What is an unfair, deceptive or abusive practice by a debt collector? | Consumer Financial Protection Bureau? ›

The Fair Debt Collection Practices Act

Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.
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(FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.

What are considered unfair practices by debt collectors? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What is the CFPB definition of deceptive? ›

Deceptive Acts or Practices

A representation, omission, actor practice is deceptive when. (1) The representation, omission, act, or practice misleads or is likely to mislead the consumer; (2) The consumer's interpretation of the representation, omission, act, or practice is reasonable.

What are two things prohibited by the Fair Debt Collection Practices Act? ›

“The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e.” The statute enumerates several examples of such practices, 15 U.S.C.

What are the abusive practices of CFPB? ›

In this policy statement, the CFPB sets forth how abusive conduct generally includes (1) obscuring important features of a product or service or (2) leveraging certain circ*mstances—including gaps in understanding, unequal bargaining power, or consumer reliance—to take unreasonable advantage.

What is the 7 in 7 rule for debt collectors? ›

One of the most rigorous rules in their favor is the 7-in-7 rule. This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What are the illegal tactics of debt collection? ›

falsely claim you've committed a crime. threaten to sell a debt to a third party, and claim that, as a result, you'll lose defenses to payment you had against the creditor, such as a breach of warranty. communicate false credit information, like failing to state that you dispute a debt.

What is considered debt collection harassment? ›

It is considered illegal harassment for a debt collector to use profane language or threats of violence, or to publish your name in a list of debtors. In addition, repeatedly calling you about a debt—sometimes multiple times in a day—or before 8:00 AM or after 9:00 PM is prohibited. Making false statements.

Can you sue a debt collector for lying? ›

Importantly, people can sue debt collectors who break the law by lying or providing wrong information. The Consumer Financial Protection Bureau is the administrator and a primary enforcer of the Fair Debt Collection Practices Act.

Does filing a complaint with the CFPB do anything? ›

Consistent with applicable law, we securely share complaints with other state and federal agencies to, among other things, facilitate: supervision activities, enforcement activities, and. monitor the market for consumer financial products and services.

What is an abusive practice? ›

An abusive act or practice: Materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service or. Takes unreasonable advantage of.

What is Section 1031 of the Consumer Financial Protection Act? ›

Section 1031 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and other provisions of the Dodd-Frank Act authorize the Bureau to take enforcement, supervision, and rulemaking actions concerning unfair, deceptive, or abusive acts and practices.

What is an example of when collecting a debt would be considered unethical? ›

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

What is the code of ethics for debt collectors? ›

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

What should you not say to debt collectors? ›

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

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