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Fair Debt Collection Practices Act
(section)
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==Prohibited conduct== The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following: * '''Hours for phone contact''': contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time. Additionally, if certain hours are inconvenient for consumers during the allowable time (those who work at night and sleep during the day) they may not be contacted during those times.<ref>{{usc|15|1692c}}(a)(1)</ref> * '''Failure to cease communication upon request''': communicating with consumers in any way (other than litigation) after receiving ''written'' notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted.<ref>{{usc|15|1692c}}(c)</ref> * '''Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously''': with intent to annoy, abuse, or harass any person at the called number.<ref name="usc|15|1692d">{{usc|15|1692d}}</ref> * '''Communicating with consumers at their place of employment''' after having been advised that this is unacceptable or prohibited by the employer.<ref>{{usc|15|1692c}}(a)(3)</ref> * '''Contacting a consumer known to be represented by an attorney'''. The collector must contact the attorney instead, unless the attorney is unresponsive or consents to the client's being contacted directly.<ref>{{usc|15|1692c}}(a)(2)</ref> * '''Communicating with a consumer after a request for validation has been made''': communicating with the consumer or pursuing collection efforts by the debt collector ''after'' receipt of a consumer's written request for verification of a debt made within the 30-day validation period (or for the name and address of the original creditor on a debt) and ''before'' the debt collector mails the consumer the requested verification or the original creditor's name and address.<ref name="usc|15|1692gb">{{usc|15|1692g}}(b)</ref> * '''Misrepresentation or deceit''': misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer.<ref name="usc|15|1692e">{{usc|15|1692e}}</ref> * '''Publishing the consumer's name or address''' on a "bad debt" list.<ref>{{usc|15|1692}}(d)</ref> * '''Seeking unjustified amounts''', which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law.<ref>{{usc|15|1692f}}(1); ''Hodges v. Sasil Corp., 915 A.2d 1'' (N.J. 2007)</ref> * '''Threatening arrest or legal action''' that is either not permitted or not actually contemplated.<ref name="usc|15|1692e"/> * '''Abusive or [[profanity|profane]] language''' used in the course of communication related to the debt.<ref name="usc|15|1692d"/> * '''Communication with third parties''': revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney).<ref>{{usc|15|1692c}}</ref> (Debt collectors are allowed to contact neighbors or co-workers but only to obtain location information;<ref>{{usc|15|1692b}}</ref> disreputable agencies often harass debtors with a "block party" or "office party" where they contact multiple neighbors or co-workers telling them they need to reach the debtor on an urgent matter.<ref>{{cite book|title=The Fair Debt Collection Practices Act : hearing before the Subcommittee on Consumer Affairs and Coinage|date=10 September 1992|publisher=U.S. Government Printing Office|isbn=0-16-040760-5|page=12|url=https://catalog.hathitrust.org/Record/007604221|access-date=16 June 2017}}</ref>) * '''Contact by embarrassing media''', such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of mail or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.<ref>{{usc|15|1692f}}(8)</ref><ref>{{usc|15|1692f}}(7)</ref> * '''Reporting false information on a consumer's [[credit report]]''' or threatening to do so in the process of collection.<ref>{{usc|15|1692e}}(8)</ref>
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