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A lot of times clients have not heard of The Fair Debt Collection Practices Act (FDCPA) or realize it applies to collection agencies that are collecting student loans. Borrowers need to know what is considered a violation of the FDCPA. Ciolek LTD. vigorously pursues collection agencies that violate this important law.

Common Ways Student Loan Collection Agencies Violate the FDCPA:

  • Use obscene, profane, or other language that abuses the hearer or reader.
  • Make telephone calls without properly identifying oneself, except as allowed to obtain location information.
  • Threaten to take any action which is not legal or intended.
    • States it will garnish your wages or sell your property if it is not legal to do that.
    • States it will sue you, if the collector doesn’t intend to sue.
    • States it will have you arrested if you do not pay the debt.
    • Threatens you with violence.
  • Illegal contacts with neighbors, employers, and family members.
    • Cannot tell others you owe a debt or discuss details of the account.
    • Must identity himself by name.
    • Must identity the name of the collection agency only if asked.
    • Can only contact the party one time unless the collection agency has reason to believe the person has new information.
    • Cannot leave information about a debt on a third party’s answering machine or voice mail.
  • Falsely represent or imply 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 intended by the debt collector or creditor.
  • Use any name other than the true name of the debt collector’s business, company, or organization.

If you suspect a student loan collection agency has violated the FDCPA, please call today to discuss the matter.