DEBTOR COLLECTOR ABUSE - HACKENSACK BANKRUPTCY LAWYER

 FAIR DEBT COLLECTION PRACTICES ACT

HACKENSACK BANKRUPTCY LAWYER 

(201) 646-3333

§ 804. Acquisition of location information

(1) identify himself, state that he is confirming or correct

ing location information concerning the consumer, and, only if expressly requested, identify his employer;

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—

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(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the

consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(c) CEASING COMMUNICATION. If a consumer notifies a 

debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— that creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or collector or creditor intends to invoke a specified remedy. tion shall be complete upon receipt.

§ 806. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(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 agency or to persons meeting the requirements of section 603(f) or 604(3)

If such notice from the consumer is made by mail, notifica

(d) For the purpose of this section, the term "consumer" includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 805. Communication in connection with debt collection

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

Creditors cannot harass you when attempting to collect a debt. 

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