What are unfair collection practices?




If you have ever felt violated by a collections agency or anyone trying to collect a debt from you, it is very possible that they have violated the Fair Debt Collection Practices Act. Sometimes the hardball tactics go a little too far and they violate the law, which can result in the debt collector being fined and debtors have won monetary awards when they have been harassed again and again.

If you feel you have been harassed, whether you have filed bankruptcy or not, it is important to let your Minnesota bankruptcy lawyer know so that the appropriate action can be taken.

Know The Limits Of Debt Collectors

It is important that you know your rights and the limits of a debt collector. If you have filed bankruptcy, they cannot contact you about the debt. If they do, they have violated bankruptcy law.

However, they also violate the law if they do the following:

  • Call you before 8 a.m. and after 9 p.m.
  • Call you at your job if they know your employer does not allow such calls
  • Lie to you about who they are, what the debt is, and what they intend to do
  • Claim to be an attorney or government employee
  • Send you false legal documents
  • State that forms sent are not legal documents when they really are
  • Accuse you of committing a crime
  • Threaten you with wage garnishment, property sale, a lawsuit, arrest, or violence
  • Lie about the amount of money you owe
  • Use abusive language

If any of these acts have been committed against you, informing your attorney as soon as possible can result in them paying the consequences.

Protecting Your Privacy

You can also protect your privacy when it comes to debt collectors. They cannot exchange information about individuals who have nothing to do with the debt. They also cannot advertise your debt for sale. In other words, they cannot share information that they are not allowed to share. Doing so is a privacy violation. If you find that your information has been shared.

Shared information includes telling others that you owe a debt and discussing the details of that debt. If they try to call your neighbors and they know your name and telephone number for the purpose of direct contact, then they have violated the law. The only thing that they can do within the confines of the law is find out how to locate you. They cannot leave a voicemail or a message on an answering machine with information about the debt since anyone can hear that information.

Contact A Minnesota Bankruptcy Attorney

Whether you have filed bankruptcy or not, collections agencies can exercise unfair and abusive practices that violate your rights. If a collections agency has violated the Fair Debt Collection Practices Act by harassing you, calling you after you have filed your bankruptcy petition, or using abusive language with you, you can hold them accountable and the McKinney Law Office will help you do that. To find out more, call the Minneapolis office at 612-206-3706 or the St. Paul office at 651-379-4110 for a free consultation.

This law firm is a debt relief agency, and we help people file for bankruptcy relief under the United States Bankruptcy Law.