Are you being harassed by debt collectors? Did you know that the Fair Debt Collection Practices Act (FDCPA) was enacted to protect you? Broadly speaking, the FDCPA law forbids debt collection agencies from harassing you, embarrassing you, threatening you, and misleading you. Learn more about the FDCPA, what is and isn’t covered, and common scenarios such as “Can a debt collector contact anyone else about my debt?,” “Can a collector keep contacting me if I don’t think I owe any money?,” and many others. Lemberg Law is the top-rated law firm dedicated to fighting for the rights of hard-working people like you. Our experienced debt collection attorneys have helped bring consumer cases all the way to the U.S. Supreme Court. We level the playing field so you can win – and win big – even against giant corporations. https://lemberglaw.com/jefferson-capital-systems-collections-complaints/ https://lemberglaw.com/fdcpa/debt-collection-harassment-lawyer-attorney/

1. What every consumer needs to know

3.  Suit Claims Fraud by NewYork Debt
Collectors – NYTimes, Dec. 30, 2009
 State AGs: Debt Collection ScamsTopped
2008 Consumer Complaint – St. Louis Post
Dispatch, Sept. 1, 2009
 One IndustryThat’s Booming: Debt
Collection – Miami Herald, Oct. 18, 2009

4. The FederalTrade Commission (FTC), the
nation’s consumer protection agency,
enforces the Fair Debt Collection Practices
Act (FDCPA), which prohibits debt collectors
from using abusive, unfair, or deceptive
practices to collect from you.

5. A debt collector is someone who regularly
collects debts owed to others.
▪ collection agencies such as Jefferson Capital
Systems
▪ lawyers who collect debts on a regular basis, and
▪ companies that buy delinquent debts and then try
to collect them
▪ Exclusion: Original creditors are not covered by
the FDCPA

6. The FDCPA covers personal, family, and
household debts,
▪ personal credit card accounts,
▪ auto loans,
▪ medical bills,
▪ and mortgages.

7.  You may want to talk to the collector to
see if you can resolve the matter. But if
not:
 Send a “cease and desist” letter.
▪ If you don’t want the collector to contact you
again, tell the collector – in writing – to stop
contacting you.
▪ The debt collector can still sue you on the debt,
but contact should stop.

8. No.
A debt collector may not contact you:
▪ before 8 in the morning or after 9 at night
▪ at work if they’re told (orally or in writing) that
you’re not allowed to get calls there.

9. General Rule: NO
Exceptions
• If an attorney is representing you about the debt,
the debt collector must contact the attorney,
rather than you, OR
• To obtain location information

10.  Within 5 days of contacting you, debt
collector must provide a written “validation
notice”

11. Required information
• Amount owed
• name of the creditor to whom you owe the
money, and
• how to proceed if you don’t think you owe the
money.

12.  If you ask for verification of the debt, that
collector must stop contacting you.
 But a collector can begin contacting you
again if it sends you written verification of the
debt, like a copy of a bill for the amount you
owe.

13.  Harassment
 False Statements
 ScareTactics andThreats
 Unfair Practices
 Other Prohibited Practices

14. Debt collectors may not harass, oppress, or
abuse you or any third parties they contact.
For example, they may not:
▪ use threats of violence or harm;
▪ publish a list of names of people who refuse to
pay their debts (but they can give this information
to the credit reporting companies);
▪ use obscene or profane language; or
▪ repeatedly use the phone to annoy someone.

15. Debt collectors may not lie when they are trying
to collect a debt. For example, they may not:
▪ falsely claim that they are attorneys or government
representatives;
▪ falsely claim that you have committed a crime;
▪ falsely represent that they operate or work for a credit
reporting company;
▪ misrepresent the amount you owe;
▪ indicate that papers they send you are legal forms if
they aren’t; or
▪ indicate that papers they send to you aren’t legal
forms if they are.

16. Debt collectors also are prohibited from
saying that:
▪ they’ll seize, garnish, attach, or sell your property
or wages unless they are permitted by law to take
the action and intend to do so;
▪ or you will be arrested if you don’t pay your debt;
▪ legal action will be taken against you, if doing so
would be illegal or if they don’t intend to take the
action.

17.  Debt collectors may not engage in unfair
practices when they try to collect a debt.
 For example, they may not:
▪ try to collect any interest, fee, or other charge on top
of the amount you owe unless the contract that
created your debt – or your state law – allows the
charge;
▪ deposit a post-dated check early;
▪ take or threaten to take your property unless it can be
done legally; or
▪ contact you by postcard.

18. Debt collectors may not:
 give false credit information about you to
anyone, including a credit reporting
company;
 send you anything that looks like an official
document from a court or government
agency if it isn’t; or
 use a false company name.

19. If a debt collector files a lawsuit against you
to collect a debt, respond to the lawsuit,
either personally or through your lawyer, by
the date specified in the court papers to
preserve your rights.

20. YES
 But first the debt collect will have to sue you and
win.
▪ If they win, the court will enter a judgment against
you.The judgment states the amount of money you
owe and allows the creditor or collector to get a
garnishment order against you, directing a third
party, like your bank, to turn over funds from your
account to pay the debt.
 Don’t ignore a lawsuit summons. If you do, you
lose the opportunity to fight a wage
garnishment.

21. Many federal benefits are exempt from garnishment, including:
 Social Security Benefits
 Supplemental Security Income (SSI) Benefits
 Veterans’ Benefits
 Civil Service and Federal Retirement and Disability Benefits
 Service Members’ Pay
 Military Annuities and Survivors’ Benefits
 Railroad Retirement Benefits
 Longshoremen’s and HarborWorkers’ Death and Disability
Benefits
 Foreign Service Retirement and Disability Benefits
 Federal Emergency Management Agency Federal Disaster
Assistance

22.  Report any problems you have with a debt
collector to the Connecticut Attorney
General’s office and/or the FederalTrade
Commission.
 Many states have their own debt collection
laws that are different from the federal Fair
Debt Collection Practices Act.Your Attorney
General’s office can help you determine your
rights under your state’s law.

23.  You have the right to sue a collector within 1
year from the date the law was violated.
 If you win, the judge can require the collector
to pay
▪ Up to $1,000 Statutory Damages
▪ Actual Damages
▪ lost wages and
▪ medical bills
▪ Attorney’s fees and court costs

24. Main Office: 43 Danbury Rd
Wilton, CT 06897
Telephone: (203) 653-2250
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