Avoiding FDCPA Violations

August 9, 2023

This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

They are companies that exist only to sue judgment enforcers for FDCPA violations. Here are 25 reasons judgment enforcers get sued for FDCPA Violations:

1) Call judgment debtors at work more than once.

2) Call other people more than once, to try to locate a judgment debtor.

3) Tell anyone else that the collector is trying to collect a debt from a judgment debtor.

4) Leave a message on an answering machine without saying that the collector is trying to collect a debt; debt collectors must also leave their name and company name.

5) Say or imply anything about arrest, going to jail, etc.

6) Threatening to sue someone when the collector has no intention of doing this. This is usually proven by the collector giving a deadline that passes, without filing a lawsuit.

7) Say or imply anything about taking cars, furniture, or any other judgment debtor property.

8) Embarrass a judgment debtor by saying things such as: “You are a deadbeat”, “Why don’t you pay your bills?”, “you are a disgrace”, Why don’t you get rid of your spending spouse.”

9) Use profane or other abusive language.

10) Shout, scream, or get angry with judgment debtors.

11) Give the impression that the caller or their company has some connection with the government, the courts, the police, etc.

12) Try to collect the wrong amount, or adding fees, etc.

13) Call judgment debtors repeatedly. One call a week is fine. More than one call a week is harassment. More than one call in the same day is an abuse, particularly if the judgment debtor hangs up and the collector calls right back.

14) Calls judgment debtors before 8 AM or after 9 PM.

15) Calls judgment debtors after they write a letter to you telling you not to call them.

16) Calls judgment debtors or anyone else (looking for the debtor), after the collector knows the debtor has an attorney.

17) Ask judgment debtors to pay more than they owe.

18) Ask judgment debtors to pay interest, fees, or expenses that are not allowed by law.

19) Call judgment debtors repeatedly or continuously.

20) Use obscene, profane, or abusive language.

21) Call the judgment debtor at times the collector knew or should know are inconvenient.

22) Use or threaten to use violence if the judgment debtor does not pay the debt.

23) Threaten action you cannot or will not take.

24) Illegally inform a third-party about the judgment debtor’s debt.

25) Repeatedly call a third-party to get a judgment debtor’s location information.

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