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One of the most common Fair Debt Collection Practices Act violations that I see are threats of legal action that the third-party debt collector has no intention of actually following through with. For instance, let’s say that somebody receives a collection bill or perhaps a letter and they indicate that if they don’t pay the debt in full or perhaps, they’ve offered a few settlement options for them to take and they indicate that if they don’t do something within a few days’ time they’re going to take legal action, but they have no intent of doing so. That’s probably one of the most common violations I see and of course the violations of harassment when they call, calling outside of certain hours, just generally being rude. There’s a lot that can fall under the Fair Debt Collection Practices Act, but again one of the most common ones I see is threatening something that they’re not gonna follow through with.
Kansas City, MO bankruptcy attorney Chelsea Williamson shares examples of Fair Debt Collection Practices Act (FDCPA) Violations. She explains that a prevalent violation of the Fair Debt Collection Practices Act (FDCPA) that I often come across is the use of false threats of legal action by third-party debt collectors. It frequently occurs when individuals receive collection bills or letters that state if they don’t pay the debt in full or choose one of the settlement options within a short timeframe, legal action will be taken against them. However, the collectors have no genuine intention of pursuing legal recourse. This type of false threat is one of the most commonly observed violations.
Additionally, debt collectors may engage in other forms of harassment, such as making phone calls outside of specified hours or displaying rude behavior. The FDCPA covers various aspects of debt collection practices, but the issuance of empty threats is particularly prevalent.