What are some of the most common violations of the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from being harassed by debt collectors. In North Carolina, the FDCPA applies to persons that are attempting to collect consumer debts. Under the FDCPA, debt collectors are prohibited from engaging in many unfair practices when attempting to collect the debt. These prohibited practices include threatening or using violence, using obscene language, or calling the consumer repeatedly with the intent to annoy or harass them. Other prohibited practices include falsely representing the character, amount, or legal status of the debt, using any false or misleading representation or deceptive means to collect the debt, and attempting to collect any interest, fees, or other charges not authorized by the agreement creating the debt or by law. Additionally, it is illegal for debt collectors to threaten to take any action that they are not legally allowed to take, such as seizing or garnishing the consumer’s wages without a court order. Finally, debt collectors may not tell the consumer that they will be arrested or that their assets will be seized if they can’t pay the debt. These are some of the most common violations of the FDCPA. It is important for consumers to understand their rights under the FDCPA and to speak to an attorney if they feel they are being harassed by debt collectors.
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