Fair Debt Collections Practices Act (FDCPA) Attorneys | McCarthy Law PLC

Fair Debt Collections Practices Act (FDCPA) Attorneys

FDCPA Attorneys

The Fair Debt Collection Practices Act (FDCPA) and California’s Rosenthal Fair Debt Collection Act (RFDCPA) (“the Acts”) make it illegal for debt collectors and creditors to harass consumers.

If you receive harassing calls, please do the following:

1. Create a call log with names, numbers, dates, and times of calls.
2. If you have caller ID, please take a clear photograph of the call information as evidence.
3. Save any voicemail messages you receive so we can play them back later.

Please write down the date and time of each violation that has occurred.


1. Debt collector continues to call to collect the debt even though they know you have an attorney.

2. Debt collector calls several times per day with the intent to annoy the person called.
Evidence needed:
– Photos of caller ID
– Log of each call
– If applicable, cell phone records

3. Debt collector calls before 8:00 AM or after 9:00 PM
Evidence needed:
– Caller ID or phone records.

4. Debt collector was abusive, offensive, screamed, or used profane language.

5. You do not owe the money the debt collector is attempting to collect.
Evidence needed:
– Credit report showing debt paid and/or any other evidence that supports that client wasn’t
at time and place where debt was incurred.

6. Debt collector threatened violence, physical harm, or to ruin my reputation.

7. Debt collection company did not send a debt validation letter. A debt validation letter must
include the amount of the debt, the name of the original creditor, and a statement regarding
your right to dispute the debt, and to obtain a validation of the debt.

8. Debt collector called at work even though you told the debt collector to stop calling you at work.

9. Debt collector left a message on a public answer machine that third parties (family, friends,
coworker, or neighbors) overheard.
Evidence needed:
– The voicemail message

10. Caller did not disclose that he/she was a debt collector. He/She must say his/her name and
his/her company.
Evidence needed:
– If a voicemail message, save it

11. Debt collector did not identify himself/herself in all communications (telephone calls, letters,
e-mails, text messages, etc.).

12. Debt collector called third parties (family, friends, co-workers, employer, or neighbors) more
than once.

13. Debt collector told someone, other than my spouse, that you owe a debt.

14. Debt collector continues to call even though you told the collection company, in writing, to stop
contacting you (this is referred to as a cease and desist).

15. Debt collector threatened to file a lawsuit against you, but has not done so.

16. Debt collector threatened to garnish my wages, but has not done so.

17. Debt collector threatened to report you to the credit bureau, but has not done so.

18. Debt collector threatened to put a lien on my property.

19. Debt collector threatened to repossess my car.

20. Debt collector threatened to issue a warrant for my arrest and/or have you arrested.

21. Debt collector accused you of committing a crime.

22. Debt collector calls and does not leave messages.

23. Debt collector calls and hangs up when you answer the phone.

24. Debt collector calls from a number that comes up “private,” “unknown,” “out of area,” or
“restricted,” on my caller ID.

25. Debt collector gave the impression he/she was a lawyer and/or calling from a law firm.

26. Debt collector gave the impression he/she worked for the government.

27. Debt collector threatened to file a lawsuit against you even though the debt is beyond the
statute of limitations. (If the debt is more than 4 years old, please let us know.)

28. You sent the debt collector a check postdated by more than 5 days.

29. Debt collector sent you several letters, e-mails, faxes, or text messages.

30. Debt collector sent you a postcard.

31. Debt collector caused collect telephone charges to be made to my phone.

32. Debt collector sued you in a location where you do not live.

33. Debt collector communicated with you or with any person other than you by post card (not
by sealed envelope).

34. Debt collector communicates with anyone other than you and uses any language or symbol
on any envelope that indicated that it was from a debt collector, is in the debt collection
business or that the communication relates to the collection of debt.

35. Debt collector, without your consent, communicates with you after you gave them written
notice that you would not pay the debt and/or that you wished the debt collector to cease
communication with you.

36. Debt collector misrepresents the amount or legal status of your debt?

37. Debt collector falsely represents the compensation he/she may receive for collecting your

38. Debt collector falsely claims that a sale or transfer of your debt to a third party will waive your
rights under the Fair Debt Collections Practices Act.

39. Debt collector falsely claims or implies that you committed a crime.

40. Debt collector engages in conduct to disgrace you.

41. Debt collector communicates to anyone else false credit information about you.

42. Debt collector uses false representations or deceptive means to collect or attempt to collect
your debt or to obtain information about you.

43. Debt collector’s first written communication (oral or written) fails to disclose that it is a debt
collector attempting to collect a debt and that any information obtained will be used for that

44. Subsequent communications from debt collector fails to disclose that it is from a debt collector.

45. Debt collector falsely represents or implies that lawsuit papers are not legal process and/or
that you did not have to respond to them.

46. Debt collector attempts to collect a debt to which you are not a party.

47. Debt collector attempts to collect an amount that you are not contractually bound.

48. Debt collector receives from you a check postdated by more than five days without first telling
you in writing that they intend to deposit the check not more than nor less than three business
days prior to such deposit.

49. Debt collector asks for a postdated check for the purpose of threatening or beginning criminal
prosecution against you.

50. Debt collector deposits or threatens to deposit a postdated check prior to the date on the

51. Debt collector threatens to take action outside of court to repossess your property if they had
not right to possession or had not present intent to take possession or the property is exempt
by law from such taking.

52. Debt collector uses words or symbols other than their address on any envelope when
communicating with you.

53. Within 5 days after the initial communication, the debt collector fails to send written notice
a. The amount of the debt
b. The name of the creditor you owe.
c. A statement that unless you dispute the validity of the debt within 30 days, the debt will be
assumed to be valid.
d. A statement that if you provide a written dispute within 30 days, the debt collector will verify
the debt.
e. A statement that upon your written request within 30 days, they will provide you with the
name and address of the original creditor.

54. Debt collector tries to continue collecting the debt even though you timely disputed the debt.

55. Debt collector tells you that failure to dispute the debt would be considered by a court as an
admission that you owe the debt.

56. If you owe multiple debt and made payment with specific instructions that they be paid to a
particular debt that is not in dispute, the debt collector must do as you direct.

57. Debt collector gives you a form to make you believe that a person other than your creditor is
participating in the collection of the debt you owe when that fact is not true.

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