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 unfair debt collection practices. In South Carolina, the FDCPA is enforced by the South Carolina Office of the Attorney General. Some of the most common violations of the FDCPA include: 1. Contacting a debtor at an unusual or inconvenient time or place. Debt collectors are not allowed to contact debtors before 8 a.m. or after 9 p.m., unless the debtor has agreed to these times. 2. Harassing or abusing the debtor. Debt collectors are prohibited from using profane or abusive language or engaging in any conduct the natural consequence of which is to harass, oppress, or abuse any person. 3. Threatening to take action that they cannot legally take. This includes the threat of arrest or actual arrest. Debt collectors also cannot misrepresent the amount of debt owed or falsely represent that the debt is secured. 4. Making false or misleading representations. Debt collectors cannot falsely represent themselves to be attorneys or government representatives, or falsely imply that the debt collector is an attorney or a government representative. 5. Misrepresenting the amount of debt. This includes exaggerating the amount owed, stating that the debt is secured, or stating that the debtor has made a certain payment. 6. Failing to provide verification of the debt. When a debt collector contacts a debtor, they must provide the debtor with written verification of the debt, including the name of the creditor, the amount due, and the right to dispute the debt. These are just some of the most common violations of the FDCPA. Consumers are encouraged to contact the South Carolina Office of the Attorney General if they believe they have been subjected to any of these practices.

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