Under the Fair Debt Collection Practices Act (FDCPA) and Iowa Debt Collection Practices Act you are protected from harassment. You can also stop the calls and recover money damages for violations.
FDCPA/Iowa Debt Collection Violations
*Repeated telephone calls intended to harass.
*Phone calls to friends, family, roommates, co-workers, your boss, neighbors or others telling them about your debt.
*Calls at inconvenient times.
Example- If you tell the creditor or collection agency it is inconvenient to call after 3pm when your kids get home from school, they have to stop calling after 3pm.
*Telephone calls at work after you have told them your employer does not allow such call.
Attorney Fee Contingent on Recovery
We handle these cases on a contingency fee. So your payment to Jeff is contingent on winning your case. If you don't win your case, you pay Jeff nothing. If you do win, you pay Jeff a percentage of the recovery.
25.5.10
What does the FDCPA Prohibit here in Iowa?
Congress passed the Fair Debt Collection Practices Act in 1977 to respond to unfair debt collection by collection agencies. The act protects consumers (business debt is excluded) from collection agencies, not from original creditors. So if you are getting 10 calls a day from Capital One, that is not a violation. If you are getting 10 calls a day from the collection agency for Capital One, that is a violation. Fortunately, the Iowa Debt Collection Practices Act does cover original creditors.
The most common violations we see with the FDCPA involve improper telephone calls and improper collection letters.
Telephone Calls
Debt Collectors can not:
*Call someone else and tell them you owe money
If they call your family, boss, neighbor, roommate etc. all they are allowed to do is try to locate you.
*Call you when you have told them it is an inconvenient time
So if you ask them not to call until your son goes to afternoon kindergarten at noon, they have to stop calling you in the morning.
*Call you many times throughout the day
Congress considers this harassment.
*Call you at work after you have told them your employer does not allow these calls
So if you get collector calls at work, note the date, time, who called and tell them you are not allowed to get these calls at work.
Letters
If you really want all contact to stop, you can write the collection agency a letter, simply tell them you can not pay or are disputing the debt and ask them to stop contacting you. After that they are allowed to send you one letter confirming they are ceasing contact. At that point they can either move the case to lawsuit or drop it. If they continue collection efforts, they have violated the Fair Debt Collection Practices Act.
Sample Letter
ABC Collection Service
1234 Main St.
Des Moines, Iowa 50265
Re: Your collection for American Express Account No. 1234-5678-9101-1121
Dear Sir or Madam,
I refuse or am unable to pay this debt. Please cease collection activity.
Jane Simmons
1234 College Street
Des Moines, IA 50309
Of course, in some cases the collection agency will refer your case for lawsuit at that point, but they are in violation of the FDCPA if they keep contacting you after you have sent the letter. Be sure to keep a copy of the letter you send. If they have a fax #, fax it too and keep the receipt. If you can, send the letter certified and keep the receipt.
Also, keep all collection letters you receive so you can bring them in for Jeff to look at. The first letter you receive from each collection agency is the most important. For example, if they don't send you a letter within 5 days of their first phone contact with specific disclaimers included, that is a violation. Hence, the phone logs are important and the letters.
These claims win or lose based on PROOF. So if you keep good notes on calls you receive: dates, times, name of caller, name of collection agency, who they are collecting for & what they say you are much more likely to succeed.
The most common violations we see with the FDCPA involve improper telephone calls and improper collection letters.
Telephone Calls
Debt Collectors can not:
*Call someone else and tell them you owe money
If they call your family, boss, neighbor, roommate etc. all they are allowed to do is try to locate you.
*Call you when you have told them it is an inconvenient time
So if you ask them not to call until your son goes to afternoon kindergarten at noon, they have to stop calling you in the morning.
*Call you many times throughout the day
Congress considers this harassment.
*Call you at work after you have told them your employer does not allow these calls
So if you get collector calls at work, note the date, time, who called and tell them you are not allowed to get these calls at work.
Letters
If you really want all contact to stop, you can write the collection agency a letter, simply tell them you can not pay or are disputing the debt and ask them to stop contacting you. After that they are allowed to send you one letter confirming they are ceasing contact. At that point they can either move the case to lawsuit or drop it. If they continue collection efforts, they have violated the Fair Debt Collection Practices Act.
Sample Letter
ABC Collection Service
1234 Main St.
Des Moines, Iowa 50265
Re: Your collection for American Express Account No. 1234-5678-9101-1121
Dear Sir or Madam,
I refuse or am unable to pay this debt. Please cease collection activity.
Jane Simmons
1234 College Street
Des Moines, IA 50309
Of course, in some cases the collection agency will refer your case for lawsuit at that point, but they are in violation of the FDCPA if they keep contacting you after you have sent the letter. Be sure to keep a copy of the letter you send. If they have a fax #, fax it too and keep the receipt. If you can, send the letter certified and keep the receipt.
Also, keep all collection letters you receive so you can bring them in for Jeff to look at. The first letter you receive from each collection agency is the most important. For example, if they don't send you a letter within 5 days of their first phone contact with specific disclaimers included, that is a violation. Hence, the phone logs are important and the letters.
These claims win or lose based on PROOF. So if you keep good notes on calls you receive: dates, times, name of caller, name of collection agency, who they are collecting for & what they say you are much more likely to succeed.
24.5.10
Iowa Fair Debt Collection Practices Act
The FDCPA only covers collection agencies. Thankfully here in Iowa we have a statute that covers the original creditors involved in unfair debt collection. Many creditors think they can harass you because they know they are not covered by the FDCPA. Many taken the time to look at Iowa law.
Under the Iowa Consumer Code creditors are in violation if they:
*Tell someone else about your debt (family member, roommate, neighbor, co-worker, boss etc,)
*Call you at times you have told them are inconvenient. So if you tell them evenings after 5pm are inconvenient, they can only call before 5.
*Call you repeatedly throughout the day to harass you.
*Call you at work if you have told them it is inconvenient to call you there.
Under the Iowa Consumer Code creditors are in violation if they:
*Tell someone else about your debt (family member, roommate, neighbor, co-worker, boss etc,)
*Call you at times you have told them are inconvenient. So if you tell them evenings after 5pm are inconvenient, they can only call before 5.
*Call you repeatedly throughout the day to harass you.
*Call you at work if you have told them it is inconvenient to call you there.
FDCPA Cases - Illegal Debt Collection
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.
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.
24.4.10
Federal Law- Fair Debt Collection Practices Act with Comments
Note- Des Moines, Iowa FDCPA attorney Jeff Mathias comments are in bold below each section.
Title 15, Chapter 41, Subchapter V § 1692a. Definitions
As used in this subchapter—
(1) The term “Commission” means the Federal Trade Commission.
(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.
(4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
The FDCPA applies to collection agencies and NOT original creditors. So if your debt is with Capital One and Capital One is collecting, the FDCPA does not apply. If Capital One sends your debt to a collection agency, that is when the FDCPA kicks in.
(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
Business debt is excluded from coverage under the FDCPA.
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity
(i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
(ii) concerns a debt which was originated by such person;
(iii) concerns a debt which was not in default at the time it was obtained by such person; or
(iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
(7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.
(8) The term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
Title 14, Chapter 41, Subchapter V,
TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692c. Communication in connection with debt collection
(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—
(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 antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
This section prohibits calls before 8am or after 9pm.
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
This section requires that collection agencies communicate through your attorney if you request it. Of course, a letter to them is the best way to document this. Be sure to keep copies of all letters you send out in your file at home.
(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
If you inform the collection agency that your employer does not allow calls from collection agencies at work, they must stop calling you there. As always, keep notes on who you informed, which collection agency they are with and the time/date you spoke to them
(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
Collection agencies are prohibited from calling your family, neighbors or others in an attempt to collect debt from you. If this happens, note the date and time of the call, the name and agency of the caller and who they called.
(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—
Creditors have to stop collection efforts if you deny the debt.
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
(d) “Consumer” defined
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.
Title 15, Chapter 41, Subchapter V, § 1692d. 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 1681a (f) or 1681b (3) [1] of this title.
(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) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.
Title 15, Chapter 41, Subchapter V,§ 1692e. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
Collectors can not claim to be with the government if they are not.
(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a (f) of this title.
Iowa FDCPA Consumer Rights attorney Jeff Mathias
Title 15, Chapter 41, Subchapter V § 1692a. Definitions
As used in this subchapter—
(1) The term “Commission” means the Federal Trade Commission.
(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.
(4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
The FDCPA applies to collection agencies and NOT original creditors. So if your debt is with Capital One and Capital One is collecting, the FDCPA does not apply. If Capital One sends your debt to a collection agency, that is when the FDCPA kicks in.
(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
Business debt is excluded from coverage under the FDCPA.
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f (6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity
(i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
(ii) concerns a debt which was originated by such person;
(iii) concerns a debt which was not in default at the time it was obtained by such person; or
(iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
(7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.
(8) The term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
Title 14, Chapter 41, Subchapter V,
TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692c. Communication in connection with debt collection
(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—
(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 antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
This section prohibits calls before 8am or after 9pm.
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
This section requires that collection agencies communicate through your attorney if you request it. Of course, a letter to them is the best way to document this. Be sure to keep copies of all letters you send out in your file at home.
(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
If you inform the collection agency that your employer does not allow calls from collection agencies at work, they must stop calling you there. As always, keep notes on who you informed, which collection agency they are with and the time/date you spoke to them
(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
Collection agencies are prohibited from calling your family, neighbors or others in an attempt to collect debt from you. If this happens, note the date and time of the call, the name and agency of the caller and who they called.
(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—
Creditors have to stop collection efforts if you deny the debt.
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
(d) “Consumer” defined
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.
Title 15, Chapter 41, Subchapter V, § 1692d. 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 1681a (f) or 1681b (3) [1] of this title.
(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) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.
Title 15, Chapter 41, Subchapter V,§ 1692e. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
Collectors can not claim to be with the government if they are not.
(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a (f) of this title.
Iowa FDCPA Consumer Rights attorney Jeff Mathias
Iowa Fair Debt Collection Practices Act
Here is the Iowa state law of Fair Debt Collection - creditor harassment, unfair collection, illegal collection activities etc.
537.7103 Prohibited practices.
1. A Iowa debt collector shall not collect or attempt to collect a debt by means of an illegal threat, coercion or attempt to coerce. The conduct described in each of the following paragraphs is an illegal threat, coercion or attempt to coerce within the meaning of this subsection:
a. The use, or express or implicit threat of use, of force, violence or other criminal means, to cause harm to a person or to property of a person.
b. The false accusation or threat to falsely accuse a person of fraud or any other crime.
c. False accusations made to a person, including a credit reporting agency, or the threat to falsely accuse, that a debtor is willfully refusing to pay a just debt. However, a failure to reply to requests for payment and a failure to negotiate disputes in good faith are deemed willful refusal.
d. The threat to sell or assign to another an obligation of the debtor with an attending representation or implication that the result of the sale or assignment will be to subject the debtor to harsh, vindictive or abusive collection attempts.
e. The false threat that nonpayment of a debt may result in the arrest of a person or the seizure, garnishment, attachment or sale of property or wages of that person.
f. An action or threat to take an action prohibited by this chapter or any other law.
2. A Iowa debt collector shall not oppress, harass or abuse a person in connection with the collection or attempted collection of a debt of that person or another person. The following conduct is oppressive, harassing or abusive within the meaning of this subsection:
a. The use of profane or obscene language or language that is intended to abuse the hearer or reader and which by its utterance would tend to incite an immediate breach of the peace.
b. The placement of telephone calls to the debtor without disclosure of the name of the business or company the debt collector represents.
c. Causing expense to a person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication by attempting to deceive or mislead persons as to the true purpose of the notice, letter, message or communication.
d. Causing a telephone to ring or engaging a person in telephone conversation repeatedly or continuously or at unusual hours or times known to be inconvenient, with intent to annoy, harass or threaten a person.
3. A Iowa debt collector shall not disseminate information relating to a debt or debtor as follows:
a. The communication or threat to communicate or imply the fact of a debt to a person other than the debtor or a person who might reasonably be expected to be liable for the debt, except with the written permission of the debtor given after default. For the purposes of this paragraph, the use of language on envelopes indicating that the communication relates to the collection of a debt is a communication of the debt. However, this paragraph does not prohibit a debt collector from any of the following:
(1) Notifying a debtor of the fact that the debt collector may report a debt to a credit bureau or engage an agent or an attorney for the purpose of collecting the debt.
(2) Reporting a debt to a credit reporting agency or any other person reasonably believed to have a legitimate business need for the information.
(3) Engaging an agent or attorney for the purpose of collecting a debt.
(4) Attempting to locate a debtor whom the debt collector has reasonable grounds to believe has moved from the debtor's residence, where the purpose of the communication is to trace the debtor, and the content of the communication is restricted to requesting information on the debtor's location.
(5) Communicating with the debtor's employer or credit union not more than once during any three-month period when the purpose of the communication is to obtain an employer's or credit union's debt counseling services for the debtor. In the event no response is received by the debt collector from a communication to the debtor's employer or credit union the debt collector may make one inquiry as to whether the communication was received. In addition a debt collector may respond to any communications by a debtor's employer or credit union.
(6) Communicating with the debtor's employer once during any one-month period, if the purpose of the communication is to verify with an employer the fact of the debtor's employment and if the debt collector does not disclose, except as permitted in subparagraph (5), information other than the fact that a debt exists. This subparagraph does not authorize a debt collector to disclose to an employer the fact that a debt is in default.
(7) Communicating the fact of the debt not more than once in any three-month period, with the parents of a minor debtor, or with any trustee of any property of the debtor, conservator of the debtor or the debtor's property, or guardian of the debtor. In addition, a debt collector may respond to inquiry from a parent, trustee, conservator or guardian.
(8) Communicating with the debtor's spouse with the consent of the debtor, or responding to inquiry from the debtor's spouse.
b. The disclosure, publication, or communication of information relating to a person's indebtedness to another person, by publishing or posting a list of indebted persons, commonly known as "deadbeat lists", or by advertising for sale a claim to enforce payment of a debt when the advertisement names the debtor.
c. The use of a form of communication to the debtor, except a telegram, an original notice or other court process, or an envelope displaying only the name and address of a debtor and the return address of the debt collector, intended or so designed as to display or convey information about the debt to another person other than the name, address, and phone number of the debt collector.
4. A Iowa debt collector shall not use a fraudulent, deceptive, or misleading representation or means to collect or attempt to collect a debt or to obtain information concerning debtors. The following conduct is fraudulent, deceptive, or misleading within the meaning of this subsection:
a. The use of a business, company or organization name while engaged in the collection of debts, other than the true name of the debt collector's business, company, or organization or the name of the business or company the debt collector represents.
b. The failure to clearly disclose in all written communications made to collect or attempt to collect a debt or to obtain or attempt to obtain information about a debtor, that the debt collector is attempting to collect a debt and that information obtained will be used for that purpose, except where disclosure would tend to embarrass the debtor.
c. A false representation that the debt collector has information in the debt collector's possession or something of value for the debtor, which is made to solicit or discover information about the debtor.
d. The failure to clearly disclose the name and full business address of the person to whom the claim has been assigned at the time of making a demand for money.
e. An intentional misrepresentation, or a representation which tends to create a false impression of the character, extent or amount of a debt, or of its status in a legal proceeding.
f. A false representation, or a representation which tends to create a false impression, that a debt collector is vouched for, bonded by, affiliated with, or an instrumentality, agency or official of the state or an agency of federal, state or local government.
g. The use or distribution or sale of a written communication which simulates or is falsely represented to be a document authorized, issued or approved by a court, an official or other legally constituted or authorized authority, or which tends to create a false impression about its source, authorization or approval.
h. A representation that an existing obligation of the debtor may be increased by the addition of attorney's fees, investigation fees, service fees or other fees or charges, when in fact such fees or charges may not legally be added to the existing obligation.
i. A false representation, or a representation which tends to create a false impression, about the status or true nature of, or services rendered by, the debt collector or the debt collector's business.
5. A Iowa debt collector shall not engage in the following conduct to collect or attempt to collect a debt:
a. The seeking or obtaining of a written statement or acknowledgment in any form that specifies that a debtor's obligation is one chargeable upon the property of either husband or wife or both, under section 597.14, when the original obligation was not in fact so chargeable.
b. The seeking or obtaining of a written statement or acknowledgment in any form containing an affirmation of an obligation which has been discharged in bankruptcy, without clearly disclosing the nature and consequences of the affirmation and the fact that the debtor is not legally obligated to make the affirmation. However, this subsection does not prohibit the accepting of promises to pay that are voluntarily written and offered by a bankrupt debtor.
c. The collection of or the attempt to collect from the debtor a part or all of the debt collector's fee for services rendered, unless both of the following are applicable:
(1) The fee is reasonably related to the actions taken by the debt collector.
(2) The debt collector is legally entitled to collect the fee from the debtor.
d. The collection of or the attempt to collect interest or other charge, fee or expense incidental to the principal obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation and is legally chargeable to the debtor, or is otherwise legally chargeable.
e. A communication with a debtor when the debt collector knows that the debtor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return phone calls or discuss the obligation in question, within a reasonable time, or prior approval is obtained from the debtor's attorney or when the communication is a response in the ordinary course of business to the debtor's inquiry.
6. A Iowa debt collector shall not use or distribute, sell or prepare for use, a written communication that violates or fails to conform to United States postal laws and regulations.
Iowa Fair Debt Collection Links include the Iowa Attorney General on Debt Collection, Iowa Attorneys for FDCPA, and Iowa FDCPA Statute of Limitations information.
537.7103 Prohibited practices.
1. A Iowa debt collector shall not collect or attempt to collect a debt by means of an illegal threat, coercion or attempt to coerce. The conduct described in each of the following paragraphs is an illegal threat, coercion or attempt to coerce within the meaning of this subsection:
a. The use, or express or implicit threat of use, of force, violence or other criminal means, to cause harm to a person or to property of a person.
b. The false accusation or threat to falsely accuse a person of fraud or any other crime.
c. False accusations made to a person, including a credit reporting agency, or the threat to falsely accuse, that a debtor is willfully refusing to pay a just debt. However, a failure to reply to requests for payment and a failure to negotiate disputes in good faith are deemed willful refusal.
d. The threat to sell or assign to another an obligation of the debtor with an attending representation or implication that the result of the sale or assignment will be to subject the debtor to harsh, vindictive or abusive collection attempts.
e. The false threat that nonpayment of a debt may result in the arrest of a person or the seizure, garnishment, attachment or sale of property or wages of that person.
f. An action or threat to take an action prohibited by this chapter or any other law.
2. A Iowa debt collector shall not oppress, harass or abuse a person in connection with the collection or attempted collection of a debt of that person or another person. The following conduct is oppressive, harassing or abusive within the meaning of this subsection:
a. The use of profane or obscene language or language that is intended to abuse the hearer or reader and which by its utterance would tend to incite an immediate breach of the peace.
b. The placement of telephone calls to the debtor without disclosure of the name of the business or company the debt collector represents.
c. Causing expense to a person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication by attempting to deceive or mislead persons as to the true purpose of the notice, letter, message or communication.
d. Causing a telephone to ring or engaging a person in telephone conversation repeatedly or continuously or at unusual hours or times known to be inconvenient, with intent to annoy, harass or threaten a person.
3. A Iowa debt collector shall not disseminate information relating to a debt or debtor as follows:
a. The communication or threat to communicate or imply the fact of a debt to a person other than the debtor or a person who might reasonably be expected to be liable for the debt, except with the written permission of the debtor given after default. For the purposes of this paragraph, the use of language on envelopes indicating that the communication relates to the collection of a debt is a communication of the debt. However, this paragraph does not prohibit a debt collector from any of the following:
(1) Notifying a debtor of the fact that the debt collector may report a debt to a credit bureau or engage an agent or an attorney for the purpose of collecting the debt.
(2) Reporting a debt to a credit reporting agency or any other person reasonably believed to have a legitimate business need for the information.
(3) Engaging an agent or attorney for the purpose of collecting a debt.
(4) Attempting to locate a debtor whom the debt collector has reasonable grounds to believe has moved from the debtor's residence, where the purpose of the communication is to trace the debtor, and the content of the communication is restricted to requesting information on the debtor's location.
(5) Communicating with the debtor's employer or credit union not more than once during any three-month period when the purpose of the communication is to obtain an employer's or credit union's debt counseling services for the debtor. In the event no response is received by the debt collector from a communication to the debtor's employer or credit union the debt collector may make one inquiry as to whether the communication was received. In addition a debt collector may respond to any communications by a debtor's employer or credit union.
(6) Communicating with the debtor's employer once during any one-month period, if the purpose of the communication is to verify with an employer the fact of the debtor's employment and if the debt collector does not disclose, except as permitted in subparagraph (5), information other than the fact that a debt exists. This subparagraph does not authorize a debt collector to disclose to an employer the fact that a debt is in default.
(7) Communicating the fact of the debt not more than once in any three-month period, with the parents of a minor debtor, or with any trustee of any property of the debtor, conservator of the debtor or the debtor's property, or guardian of the debtor. In addition, a debt collector may respond to inquiry from a parent, trustee, conservator or guardian.
(8) Communicating with the debtor's spouse with the consent of the debtor, or responding to inquiry from the debtor's spouse.
b. The disclosure, publication, or communication of information relating to a person's indebtedness to another person, by publishing or posting a list of indebted persons, commonly known as "deadbeat lists", or by advertising for sale a claim to enforce payment of a debt when the advertisement names the debtor.
c. The use of a form of communication to the debtor, except a telegram, an original notice or other court process, or an envelope displaying only the name and address of a debtor and the return address of the debt collector, intended or so designed as to display or convey information about the debt to another person other than the name, address, and phone number of the debt collector.
4. A Iowa debt collector shall not use a fraudulent, deceptive, or misleading representation or means to collect or attempt to collect a debt or to obtain information concerning debtors. The following conduct is fraudulent, deceptive, or misleading within the meaning of this subsection:
a. The use of a business, company or organization name while engaged in the collection of debts, other than the true name of the debt collector's business, company, or organization or the name of the business or company the debt collector represents.
b. The failure to clearly disclose in all written communications made to collect or attempt to collect a debt or to obtain or attempt to obtain information about a debtor, that the debt collector is attempting to collect a debt and that information obtained will be used for that purpose, except where disclosure would tend to embarrass the debtor.
c. A false representation that the debt collector has information in the debt collector's possession or something of value for the debtor, which is made to solicit or discover information about the debtor.
d. The failure to clearly disclose the name and full business address of the person to whom the claim has been assigned at the time of making a demand for money.
e. An intentional misrepresentation, or a representation which tends to create a false impression of the character, extent or amount of a debt, or of its status in a legal proceeding.
f. A false representation, or a representation which tends to create a false impression, that a debt collector is vouched for, bonded by, affiliated with, or an instrumentality, agency or official of the state or an agency of federal, state or local government.
g. The use or distribution or sale of a written communication which simulates or is falsely represented to be a document authorized, issued or approved by a court, an official or other legally constituted or authorized authority, or which tends to create a false impression about its source, authorization or approval.
h. A representation that an existing obligation of the debtor may be increased by the addition of attorney's fees, investigation fees, service fees or other fees or charges, when in fact such fees or charges may not legally be added to the existing obligation.
i. A false representation, or a representation which tends to create a false impression, about the status or true nature of, or services rendered by, the debt collector or the debt collector's business.
5. A Iowa debt collector shall not engage in the following conduct to collect or attempt to collect a debt:
a. The seeking or obtaining of a written statement or acknowledgment in any form that specifies that a debtor's obligation is one chargeable upon the property of either husband or wife or both, under section 597.14, when the original obligation was not in fact so chargeable.
b. The seeking or obtaining of a written statement or acknowledgment in any form containing an affirmation of an obligation which has been discharged in bankruptcy, without clearly disclosing the nature and consequences of the affirmation and the fact that the debtor is not legally obligated to make the affirmation. However, this subsection does not prohibit the accepting of promises to pay that are voluntarily written and offered by a bankrupt debtor.
c. The collection of or the attempt to collect from the debtor a part or all of the debt collector's fee for services rendered, unless both of the following are applicable:
(1) The fee is reasonably related to the actions taken by the debt collector.
(2) The debt collector is legally entitled to collect the fee from the debtor.
d. The collection of or the attempt to collect interest or other charge, fee or expense incidental to the principal obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation and is legally chargeable to the debtor, or is otherwise legally chargeable.
e. A communication with a debtor when the debt collector knows that the debtor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return phone calls or discuss the obligation in question, within a reasonable time, or prior approval is obtained from the debtor's attorney or when the communication is a response in the ordinary course of business to the debtor's inquiry.
6. A Iowa debt collector shall not use or distribute, sell or prepare for use, a written communication that violates or fails to conform to United States postal laws and regulations.
Iowa Fair Debt Collection Links include the Iowa Attorney General on Debt Collection, Iowa Attorneys for FDCPA, and Iowa FDCPA Statute of Limitations information.
20.4.10
Iowa Fair Debt Collection Practices
Iowa Fair Debt Collection Practices is a project of-
Sam Marks Law Firm, P.C.
4224 University Ave.
Des Moines, IA 50311
(515) 276-7211
Ashley@markslawdm.com
Sam Marks Law Firm, P.C.
4224 University Ave.
Des Moines, IA 50311
(515) 276-7211
Ashley@markslawdm.com
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