The Fair Debt Collections Practices Act (FDCPA) came into existence to protect consumers against unfair and unethical practices of debt collectors. Enforced by the Federal Trade Commission (FTC), the FDCPA is a federal statute that shields consumers from unscrupulous debt collection methods.

Debt Collectors resort to harassment of consumers and violate the FDCPA. Despite your debt, you as a consumer have rights under the FDCPA and are entitled to a fair treatment by debt collection agencies or debt collectors.

2009 recorded an all time high in the FDCPA violation lawsuits. There were 8287 lawsuits  in 2009 compared to 5188 in 2008. In 2009, 16.8% of all the FTC complaints were about third party debt collectors. A total of 88,190 complaints in 2009 as against 78,925 complaints in 2008 were registered. (Source: www.ftc.gov/os/2010/04/P104802fdcpa2010annrpt.pdf)

The FDCPA Violations by the debt collectors:

• Calling you repeatedly at inconvenient times
• Threatening you with serious consequences
• Using abusive language
• Calling your place of work
• Not validating debt
• Demanding more than you owe
• Not disclosing identity
• Contacting third parties about your debt
• Contacting you even after you are represented by attorney
• Harassing you even after receiving cease and desist letter from you

Each violation attracts $1000.00 in a court of law.

A study of the complaints in 2009 shows the following FDCPA violations:

• 46.5% of the complaints were against harassment by debt collectors
• About 31.1% asked more payment than the debt owed
• 25.7% debt collectors did not send notices
• More than 20% of complaints were for threatening the consumers with dire consequences
• Calls to plaintiff's place of work by 13.6% debt collectors
• 12.2% debt collectors contacted third parties
• Disputed debts were not verified by 11.5%
• 8.4% continues to call even after receiving cease and desist letter
  (Source: www.ftc.gov/os/2010/04/P104802fdcpa2010annrpt.pdf)
  

Harassment by debt collectors in any form is a violation of the FDCPA and is not tolerated by the practitioners of the Act. The Act has been instrumental in keeping the unfair debt collectors at bay. Knowledge of your rights in the FDCPA can help you to keep debt collection harassment away.

In spite of your knowledge of the Act and following it to the word, if you are still troubled by debt collectors you may engage an FDCPA attorney who can represent your case and help you sue the debt collectors.

You may contact Krohn & Moss Ltd. CONSUMER LAW CENTER® to engage an FDCPA attorney. Attorneys at Krohn & Moss Ltd. have helped thousands of victims of debt collection violations.