The Fair Debt Collection Practices Act (FDCPA) is supposed to “eliminate abusive debt collection practices by debt collectors.” The FDCPA spells out things that would illegally “harass, oppress or abuse” consumers (FDCPA § 806). Some of these are discussed in other topic posts:
- Publishing the name of a consumer who allegedly refuses to pay his/her debts. See Questions about email, texting & social media in debt collection—Using social media?
- Calling repeatedly or continuously with intent to annoy, abuse, or harass someone: See Questions about phones & mobile phones in debt collection—Repetitive calls and robo-calls.
- Calling without disclosing the caller's identity: See Questions about phones & mobile phones in debt collection—Voicemail & answering machine messages and Caller ID.
Here are 3 others:
- Advertising a debt for sale to coerce the consumer to pay it.
- Using or threatening violence (or other criminal means) to harm a person, or their reputation or property.
- Using obscene or profane language, or other language that has “the natural consequence” of abusing someone hearing or reading it.
Is there anything about these 3 that a new federal rule should make clearer, or add to?
The FDCPA says that there might be other practices that “harass, oppress or abuse” consumers. Is there any other kind of conduct by collectors that new federal rules should list as harassment or abuse? How often does this conduct happen?