Workplace Communications
Threatening to contact your employer, violates the FDCPA, Raimondi v. McAllister & Assoc. Inc., 50 F. Supp. 2nd 825 (N.D. Ill. 1999).
When calling your work, collector can only request your location information. So if the collector asks for your date of hire, pay rate etc. as well, that violates the FDCPA, Shaver v. Trauner, 1998 U.S. Dist. Lexis 19647 (C.D. Ill. May 29, 1998).
Collector liable for violation of FDCPA where bill sent to workplace showed "Final Demand for Payment" through envelope, Kleczy v. First Fed. Credit Control, 21 Ohio App. 3d 56, 486 N.E.2d 204 (1984).
Communicating with Third Parties
Leaving messages disclosing the debt on an answering machine used by others violates the FDCPA, FTC v. Check Enforcement, 205 WL 1677480 (D.N.J. July 18, 2005).
Leaving collection agency name and telephone number with neighbor is illegal debt collection, violated FDCPA, West v. Nationwide Credit, Inc. 998 F. Supp. 642 (W.D.N.C. 1998).
If a collection agency violates these rules here in Iowa, the FDCPA provides for actual damages and attorney fees.
Jeff Mathias is an Iowa Bankruptcy Attorney handling Chapter 7 bankruptcy and Fair Debt Collection Practices Act cases from 4800 Mills Civic Parkway, Suite 218, West Des Moines, IA 50265. Jeff's office phone is 515-261-7526.
Fair Debt Collection websites: You can actually read the entire FDCPA in a few hours, it is one of those rare statutes that seems to have been written to be understood. Cornell University also has a regularly updates Fair Debt Collection website. Cornell also has a Fair Debt Collection Practices Act Article. The GSA FDCPA Q&A is good.
However, the IRS is the one who ultimately determines which plan you will be eligible to participate in and payments are often based on the amount of your disposable income. Qualifications for the installment plan require that you not owe more than $25,000 and have a filed tax return for the debts in question.
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