Bensley Law Offices, LLC | Representing Consumers In the Philadelphia Area Since 1997

Rated By Super Lawyers William C. Bensley

National Association of Distinguished Counsel - Nation's TOP ONE Percent 2023

Rated By Super Lawyers William C. Bensley

Free Consultation

Consumer & Personal Injury Litigators

Debt Collection Abuse: The Basics

On Behalf of | Dec 23, 2015 | Debt Collection

I was speaking to an existing dealer fraud client the other day and it was apparent that she had also been subjected to Debt Collection Abuse. I realized I had not addressed Debt Collection Abuse in some time.

Let’s start with the basics. We, as a society, decided a long time ago that there were things that could not be done to collect even a good and valid debt. Not only is leg-breaking now unlawful, but almost all forms of abuse.

The major statute regulating debt collection is the federal Fair Debt Collection Practices Act (FDCPA). However, the FDCPA has a blind-spot. It only applies to Debt Collectors. It does not apply to original creditors.

Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

The FDCPA covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

The FDCPA prohibits most forms of abuse.

  • Calling outside of the mandated window of time (8 a.m. – 9 p.m.)
  • Intimidating or abusive calls, including obscene language
  • Threats of lawsuits, wage garnishments, arrest or violence
  • Contact at work or with anyone else about your debt
  • Incorrect amount of debt or added charges
  • False or misleading information
  • Failing to identify themselves as debt collectors
  • Repeated and continuous contact
  • Inappropriate contact

You can get some more information by going to the Federal Trade Commission Website:

If you or someone you know have been the victim of Debt Collection Abuse, then you or they should contact a qualified attorney right away.

FindLaw Network
Photo of William Charles Bensley
Philadelphia Bar Association
American Association for Justice
Public Justice | America's Public Interest Law Firm
Pennsylvania Bar Association
National Consumer Law Center

Witnesses Needed

Searching for persons with information or complaints about a number of banks, dealerships, repossession agents and debt collectors

Click Here For More Information

Email The Firm

Contact The Firm

Office Location

1500 Walnut Street
Suite 900
Philadelphia, PA 19102

Philadelphia Office
Toll Free: 800-254-3497

Phone: 267-838-9654

Fax: 267-299-8079