Prohibited Debt Collection Practices Under the FDCPA

The Fair Debt Collection Practices Act -- 15 U.S.C. Sections 1692 through 1692p -- is the primary federal law governing how third-party debt collectors may communicate with consumers. It was enacted in 1977 because Congress found that abusive debt collection practices contributed to personal bankruptcies, marital instability, loss of jobs, and invasions of individual privacy.

For DC residents dealing with debt collectors, the FDCPA provides meaningful protections and real remedies. But you need to know what the law prohibits in order to enforce it.

Who Is Covered by the FDCPA

The FDCPA applies to "debt collectors" -- defined under Section 1692a(6) as any person who regularly collects or attempts to collect debts owed to another. This includes:

Collection agencies hired by original creditors.
Debt buyers -- companies like Midland Credit Management, Portfolio Recovery Associates, LVNV Funding, and Encore Capital that purchase defaulted debts for pennies on the dollar and then collect on them.
Attorneys who regularly collect debts on behalf of clients.

The FDCPA generally does not apply to original creditors collecting their own debts. However, if a creditor uses a different name to suggest that a third party is collecting the debt, it may be treated as a debt collector under Section 1692a(6).

DC residents also have protections under the DC Consumer Protection Procedures Act (DC Code Section 28-3901 et seq.), which prohibits unfair and deceptive trade practices by both original creditors and debt collectors.

Prohibited Conduct: Harassment or Abuse

Section 1692d prohibits a debt collector from engaging in any conduct the natural consequence of which is to harass, oppress, or abuse any person. Specific prohibitions include:

Threats of violence. A debt collector cannot threaten to harm you, your reputation, or your property.
Obscene or profane language. The use of profanity during collection calls violates the statute.
Repeated telephone calls intended to annoy. Calling multiple times per day, calling after you have asked them to stop, or calling at unusual hours constitutes harassment.
Calling before 8:00 a.m. or after 9:00 p.m. Under Section 1692c(a)(1), a debt collector may not contact you at any unusual time or place. The statute presumes that before 8:00 a.m. and after 9:00 p.m. local time is inconvenient unless you agree otherwise.
Publishing your name on a "deadbeat list." A debt collector cannot publish a list of consumers who allegedly refuse to pay debts (with exceptions for credit reporting).

Prohibited Conduct: False or Misleading Representations

Section 1692e prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. The statute lists sixteen specific categories of false representations, including:

Falsely implying government affiliation. Claiming to be a government agency or affiliated with one.
Misrepresenting the character, amount, or legal status of a debt. Claiming you owe more than you do, that the debt is still within the statute of limitations when it is not, or that interest and fees are owed when they are not authorized.
Threatening arrest or criminal prosecution. Telling a consumer that failure to pay a debt will result in arrest or criminal charges. Failure to pay a consumer debt is not a crime in DC or anywhere in the United States, and threatening criminal consequences is both false and illegal.
Threatening to garnish wages or seize property without a judgment. A debt collector cannot garnish your wages or levy your bank account without first obtaining a court judgment. Threatening to do so before a lawsuit is filed, or implying that garnishment is imminent when no judgment exists, violates the FDCPA.
Using a false business name. Collecting under a name that is not the debt collector's actual name or a name under which it does business.
Falsely representing that the debt collector is an attorney. If the person contacting you is not a licensed attorney, they cannot imply that they are.
Communicating false credit information. Reporting inaccurate information to credit bureaus, or threatening to do so, as a collection tactic.

Prohibited Conduct: Unfair Practices

Section 1692f prohibits unfair or unconscionable means to collect or attempt to collect a debt:

Collecting unauthorized amounts. A debt collector may only collect the amount of the debt plus interest, fees, and charges expressly authorized by the agreement creating the debt or permitted by law. Adding arbitrary "collection fees," "processing fees," or "administrative costs" that are not in the original contract or permitted by statute is a violation.
Depositing post-dated checks early. If you provide a post-dated check to a debt collector, the collector cannot deposit it before the date on the check.
Threatening repossession without legal authority. A debt collector cannot threaten to take or seize property unless it has the legal right and actual intent to do so.
Communicating by postcard. Debt collection communications on postcards -- which can be read by anyone who handles the mail -- are prohibited.

Your Right to Validation

Under Section 1692g, within five days of the initial communication, a debt collector must send you a written notice containing:

The amount of the debt.
The name of the creditor to whom the debt is owed.
A statement that unless you dispute the debt within 30 days, it will be assumed valid.
A statement that if you dispute the debt in writing within 30 days, the collector will obtain and provide verification of the debt.
A statement that you can request the name and address of the original creditor if different from the current creditor.

If you dispute the debt in writing within 30 days, the debt collector must cease collection until it provides verification. Many DC residents do not know about this right and miss the 30-day window. However, even after 30 days, you can still dispute the debt -- the collector just does not have the statutory obligation to cease collection pending verification.

Contacting You at Work

Under Section 1692c(a)(3), a debt collector may not contact you at your place of employment if the collector knows or has reason to know that your employer prohibits such communications. If you tell the collector -- verbally or in writing -- that you cannot receive calls at work, the collector must stop.

Communicating with Third Parties

Section 1692c(b) generally prohibits debt collectors from discussing your debt with third parties -- your neighbors, coworkers, family members (other than your spouse), or friends. A debt collector may contact third parties only to obtain your location information (your address, phone number, or place of employment) and, even then, may not reveal that a debt is owed.

Calling your mother, your employer, or your neighbor to discuss your debt is a clear FDCPA violation.

Remedies and Damages

The FDCPA provides three categories of relief under Section 1692k:

Actual damages. Any actual harm you suffered as a result of the violation -- lost wages, bank fees, emotional distress, medical costs.
Statutory damages. Up to $1,000 per action. You do not need to prove actual harm to collect statutory damages. The court considers the frequency and persistence of the noncompliance, the nature of the noncompliance, and the extent to which it was intentional.
Attorney fees and costs. A successful plaintiff is entitled to reasonable attorney fees and court costs. This provision is critical because it allows consumers to bring FDCPA claims without paying out-of-pocket legal fees -- the defendant pays the plaintiff's attorney.

Statute of Limitations

FDCPA claims must be brought within one year from the date the violation occurred. See 15 U.S.C. Section 1692k(d). This is a strict deadline. If a debt collector calls you with a false threat on January 15, 2024, you must file your lawsuit by January 15, 2025.

However, the one-year period applies to each individual violation. If a debt collector engages in ongoing violations -- repeated harassing calls over several months -- each call may constitute a separate violation with its own one-year clock.

What to Do if a Debt Collector Violates the FDCPA

If you believe a debt collector has violated the FDCPA, take these steps:

Document everything. Save voicemails, letters, text messages, and emails. Note the date, time, and content of every call. If your phone identifies the caller, take screenshots.
Send a written cease-and-desist letter. Under Section 1692c(c), if you notify a debt collector in writing that you refuse to pay the debt or that you want the collector to stop contacting you, the collector must cease communication (except to notify you of specific actions like filing a lawsuit).
File a complaint. You can file complaints with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and the DC Attorney General's Office of Consumer Protection.
Consult an attorney. Because the FDCPA provides for attorney fees, many consumer attorneys handle these cases on a contingency or fee-shifting basis at no upfront cost to you.

Debt collectors count on consumers not knowing their rights. The FDCPA exists to level the playing field.