Your creditors can chase you for repayments if you fail to adhere to the terms & conditions. However, there are also a few things that they can and cannot do. Many commercial lending institutions and loan companies rely on debt collection agencies to solicit repayments. The Fair Debt Collections Practices Act, simply known as FDCPA, sets the guidelines for that. If you are being wrongfully harassed by a debt collector, you should take time to understand the fair debt collection practices act Illinois. An attorney can help evaluate your FDCPA claim. In this post, we are discussing some common violations of the Act.
- Calling you at unusual times. Debt collectors are only allowed to contact debtors for money and repayments between 8 am and 9 pm. Unless you have requested to get a call after these hours, any such action is a violation of the FDCPA.
- Contacting you on the office phone. Debt collectors cannot disturb or chase you for payments when you are at the workplace, especially if they have been told that your employer doesn’t approve of that.
- Claiming that they are calling from a law enforcement agency. No matter the amount, a debt collector cannot say that they work for a government agency or law enforcement. If someone tells you that they have the power to arrest you, they are lying, and you must pursue legal action.
- Not sending a letter of validation. A debt collector is required to send a letter of validation within five days from the date of the first collection attempt. This letter should contain key details like the amount due, the name of the creditor, and your right to dispute the said debt within a period of 30 days.
- Using unparliamentary language. Regardless of the situation, debt collectors are expected to communicate politely at all times, keeping the language as professional as possible. It’s important that you record your calls because if a debt collector uses obscene language, it is a clear violation of the FDCPA.
- Sharing information with others. A debt collector is expected to keep the communication private at all times. They cannot inform your spouse or family because you refuse to pay the money.
Finally, debt collectors cannot threaten to sue a debtor. If you think that you have a valid FDCPA claim, contact an attorney immediately and get a free assessment of your case.
