Debt Collector Violations

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Who

Why

Precedent/Law

Fine

Creditors if they report your credit history inaccurately

Defamation, financial injury

US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan

Extent of damages incurred by the wronged party as deemed by the courts

Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus

Protection under the FCRA

FCRA
Section 623.

$1,000

Creditors if they pull your credit file without permissible purpose

Injury to your credit report and credit score

FCRA Section 604 (A)(3)

$1,000

Credit bureaus if they refuse to correct information after being provided proof

Defamation, willful injury

FCRA Section 623

CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220
June 9, 1997, Filed  (D.C. No. 95-cv-01743).

Extent of damages incurred by the wronged party, as deemed by the courts

Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days.

Consumer protection afforded by the FCRA

FCRA Part (A)(5)(B)(ii)

$1,000

Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days)

Consumer protection afforded by the FCRA

FCRA Section 611 Part (A)(1)

$1,000

Collection Agency can NOT be BOTH
purchaser and 'assignee'
it's one or the other

Protection under the FDCPA

Gearing v. Check Brokerage Corp
233 F.3d 469 (7th Cir. 2000)

$1000

Misrepresentations by the collector about
themselves or the debt
are actionable regardless
of intent

Protection under the FDCPA

Gearing v. Check Brokerage Corp
Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990)

$1000

Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer

Consumer protection afforded by the FCRA

FCRA Section 605
(c) Running of the reporting period

$1,000

If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus

Protection under the FDCPA

FDCPA
Section 807(8)

$1,000

Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you)

Consumer protection afforded by the FDCPA

FDCPA
Section 809 (b),

FTC opinion letter Cass from LeFevre

$1,000

Collection agencies if you have sent them a cease and desist letter and they still call you

Consumer protection afforded by the FDCPA

FDCPA
Section 805 (c)

$1,000

Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus

Consumer protection afforded by the FDCPA

FDCPA Section 809 (b),

FTC opinion letter Cass from LeFevre

$1,000

Collection agencies if they: - Cash a post-dated check before the date on the check
- Cost you money by making you accept collect calls or COD mail
- Take or threaten to take any personal property without a judgment

Consumer protection afforded by the FDCPA

FDCPA 808 Section

$1,000

If a collector calls you after 9 PM at night or before 8 AM

Consumer protection afforded by the FDCPA

FDCPA  Section 805. (a)(1)

$1,000

Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication.

Consumer protection afforded by the FDCPA

FDCPA Section 805. (a)(3)

$1,000

Calls any third part about your debt like friends, neighbors, relatives, etc.  However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

Consumer protection afforded by the FDCPA

FDCPA Section 805. (b)

$1,000

The collection agency can not use any kind of harassment or abuse**

Consumer protection afforded by the FDCPA

FDCPA Section 806

$1,000

Collector cannot claim to garnish your wages, seize property or have you arrested ***

Consumer protection afforded by the FDCPA

FDCPA Section 807

$1,000

Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit

Consumer protection afforded by the FDCPA

FDCPA Section 811 (a) (2)

$1,000

Also a good grounds for getting a judgment vacated

** (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting (4) The advertisement for sale of any debt to coerce payment of the debt. (5) 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. (6) Placement of telephone calls without meaningful disclosure of the caller's identity.

***If the collection agency get a judgment against you, then they will be able to garnish your wages and seize property, but until that time, no.