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Common Concerns & Questions About Bankruptcy

What does FDCPA say about communication regarding collection?

| Mar 3, 2016 | Creditors' Rights |

People in Tyler who find themselves in debt will have a lot to be concerned about. This problem could have arisen due to a loss of employment, unexpected bills and numerous other factors. With the amount of stress that accrues due to consumer debt, it can be exacerbated if the creditors and debt collectors begin an avid pursuit of payment and use a variety of unethical and even illegal tactics to harass the debtor. The Fair Debt Collection Practices Act is supposed to prevent this from happening, but it often still occurs. One aspect the FDCPA covers is communication in connection with debt collection.

The communication between creditor and debtor is not allowed unless the debtor has given permission through the courts for it to occur. The communication is also limited in several ways including time, location, whether or not there is legal representation for the debtor and at the debtor’s place of work. Creditor collectors cannot contact the debtor at an unusual time or place when it is known to be inconvenient.

In general, it is assumed that convenient times are limited to after 8:00 a.m. and before 9:00 p.m. With legal representation protecting the debtor, the creditor must deal with the attorney unless no response has been given by that attorney is a reasonable time frame. Contacting the debtor at work is not allowed if the debt collector is aware that the employer does not allow such calls.

A debt collector is not allowed to communicate with third parties. This means that the only people who can be contacted regarding the debt are the consumer, the attorney, a consumer reporting agency and the creditor. A consumer can inform the debt collector to cease communication. This must be done in writing and the law stipulates that the contact will cease unless it is done to let the consumer know that attempts to collect are being ended, to inform the consumer that certain remedies will be invoked or to notify the consumer that there is an intention to move forward with specific remedies.

Being harassed by a creditor or a debt collector only adds to the stress that a person feels when the person is having problems with consumer debt. In order to fully understand the debtor protections available for consumers, speaking to an experienced attorney can help with all aspects of a case from beginning to end.

Source:, “Fair Debt Collection Practices Act — 805. Communication in connection with debt collection,” accessed on Mar. 1, 2016