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FDCPA VIOLATION? Cash if Harassed!


Consumers these days are more aware of the rights under the FDCPA and some can even quickly find an FDCPA Violation.  An FDCPA Violation occurs when third party collection agencies and debt collectors violate federal law when collecting debts.  The Federal law they must obey is called the Fair Debt Collection Practices Act (FDCPA) and when they break the law you have a case!


It is an FDCPA Violation for debt collectors to call consumers at work after they know that the consumer is not allowed to receive personal calls at work.  The FDCPA Violation can come from (1) the debt collector knowing already that a specific employer prohibits personal calls at work or (2) the consumer telling the debt collector that they don’t want to be called at work again.  If after finding this out the debt collector continues to call the consumer at work, you have a FDCPA Violation.


It is an FDCPA Violation for debt collectors to call third parties (family members/friends, etc.) while attempting to collect a debt.  Debt Collectors oftentimes call third parties as a method of intimidation.  Debt Collectors know that if a family member gives a message to a consumer about a debt collection call the consumer will be terrified about the debt collector calling other third parties.  Fortunately, generally speaking, the FDCPA prohibits calls to third parties and when a debt collector calls them you can usually find an FDCPA violation.

FDCPA Violation – Harassing or Abusing

It is an FDCPA Violation for debt collectors to harass or abuse consumers while collecting debts.  This is really where the bulk of my work is spent.  Under the FDCPA, if debt collectors abuse or harass someone you have a FDCPA violation.  The question is, what is “harassment” or “Abuse”?

That is a really good question and really needs to be dealt with on a case by case basis to determine if there is an FDCPA violation.  If the debt collector is simply rude it might not actually account for a FDCPA Violation.  However, if the debt collector steps over the line and becomes outright mean, threatening, or engages in other behavior – one can usually argue a FDCPA Violation occurred.

Hire an Attorney!

Most FDCPA Violation attorneys handle FDCPA Violations on a contingency fee.  That means that you will not pay the attorney unless he is able to prove a FDCPA Violation and recovers money for you as a result of the debt collector violating the FDCPA.  So, if a third party debt collector calls you at work, calls your friends and family members, is rude to you, or abuses you on the telephone you now know whether or not you have a FDCPA Violation.  If you think you do, contact an FDCPA violation attorney today and get cash if harassed!

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  1. A collection agency sent me a verification of debt letter. I had it reviewed, and am told they have not violated the FDCPA; however, the papers they sent me are ambiguous in my opinion, as to exactly what I owe AND to WHOM. This company may be legitimately authorized to collect for the original creditor, which has already written off the debt, but that fact is also not stated or clear to me. I also THOUGHT that IF the party being collected from was required to sign a statement at the time medical services were being rendered, then that statement with the authorized signature should also be presented as evidence of the signee’s obligation to render any balance of payments not covered by their insurance provider. Does any of that sound particularly exotic or illogical? I have just about given up the idea of ever again seeking any
    medical treatment or regular appointments simply because of the totally ambiguity and arbitrarinous of hospital’s and doctor’s billing
    procedures. Across this country in fact they are steadily managing to price themselves completely out of the range of most people’s human financial capabilities by any stretch of one’s imagination. I have Medicare and private supplemental insurance now and to date I have used none of it at all.

  2. I agree with my assessment, even if no one else does, because it is a
    realistic appraisal of my experience and the experiences of many, many others unfortunately.

  3. Derek Alberts says:

    I actually agree with you John!

  4. Mel Thompson says:

    Just because the debt collector has send you a debt validation letter does not mean it is valid. My suggestion is you hire a good attorney to represent yourself. Just by doing so you might stop this debt collector pursuing you because they know you will no longer be fooled.

    • Jeffrey Hyslip says:

      Great Advice; that’s why we’re here to help. If any consumers contact you, Mel, feel free to direct them to our attention.

  5. Barbara Leth says:

    I have been harrassed and sued by LVNV Funding. I have Judgements against me because they “mailed” the summonses to my home or so they say, not “served” them. I am currently fighting with them to show that I owe THEM and not the Lender, I want THEM to show me a contract where I signed it to pay THEM, I want them to show me every purchase, the date I purchased the item, the cost of the item, etc. Most of everything they are going after is already past the Statute of Limitations, or charged off in a bankruptcy I had in the 1990’s which I paid mostly everything back. In 2003 I paid all my debts back in FULL and still I have these low life hangers on chasing me down to try and ruin the credit I am trying to rebuild. Help.

  6. ROMIE CHUA says:

    When a defaulted credit account is charged off/written off, is it legal for debt collectors to enforce collection payment for the account?
    I understand it is double dipping?

  7. ric griffith says:

    I had some yard work done and the guy billed me for it after he did the work. we had a verbal agreement that I pay him two weeks later. An urgent financial issue came up which prevented me from paying him then. I told him that I would pay him as soon as I get the money to pay him. He has been harassing me by texts and even made the that I should move because he can make it hard for me to live in the city i am living. he said he is taking out court papers. what should i do?

  8. Tomika Billups says:

    I have contacted American web loan on multiple occasions about contacting my employer I advised that I could be terminated for personal calls and they constantly call on my voicemail leaving detail messages I submitted a complaint with the FTC I also informed them not to text my phone because of the SMS charges and they continue, what do I do next

  9. Harry Wilfer says:

    My son, who has not lived with me for 5 years, has outstanding debts and I keep getting calls – at least 1 per week – from a collection agency using the ploy that he is going to be served arrest papers. I have repeatedly told them he does not live here, yet the calls persist. They have at least once even called my mother-in-law (who has a different phone number and address) trying to reach him. My son refuses answer any phone calls from unfamiliar numbers, so it is unlikely they will ever reach him directly. I just want these calls to stop!

  10. Monica says:

    I keep getting call from a “company,” called Del Ray Capital? Stating they are collecting a debt from check into cash? I asked for a letter stating they took over the debt and with information about them and all requirement to collect a debt (because I wanted to clear this up). The lady said she will not do that (because this is old) and if i don’t pay by Friday OVER THE PHONE WITH A CREDIT CARD i will need to pay for court fees and attorney fees and will go from 300 to 800. I am scared this is a scam because a real company will not hesitate to send a letter stating what I owe them and they took over the debt?

  11. Lennell says:

    Can a debt collector call your home 20-30 times a day or can they be told to only contact the person through mail?

    • Jeffrey Hyslip says:

      Hello, Lennell.

      Debt Collectors have to listen to your requests on how you want to be communicated with. If you have told them to stop calling you, and to only communicate with you by mail, they have to do that. If they refuse, they have broken the law. Give us a call if debt collectors are harassing you. We will assist – AND the debt collector has to pay our fees! So, our legal services are of no charge to you. 312-380-6110

  12. Delores R says:

    I purchased a vehicle to help build my credit. Later I found out the company was not reporting to the bureaus. I contacted them and was told
    a supervisor would call me back. That never happened. After I told them to come and get the car it is now on my credit. Is this legal?

  13. Randy says:

    I have a debt that is from an old health insurance plan from a previous employer. I have been harassed in the past but things have been very quit recently. i checked my annual credit report last week and found that mysteriously there was a payment made on this debt 5/2015 which i did not make. 2011 was the last time any payments were made(I quite working there in 2011). Seems fishy that somehow a payment was made which now extends the statute of limitations…

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