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Unfair Practices by Debt Collectors


The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair debt collection attempts by debt collectors, but what constitutes an unfair attempt?

A debt collector may not:

  • Attempt to collect any other debts (on top of the one owed).
  • Communicate with you via postcard.
  • Use any language or symbol on an envelope that indicates they are a debt collector.

Make sure you keep all documentation of any contact from a debt collector. This documentation can help you, if you do decide to meet with an attorney about any claims you may have.

False, Deceptive & Misleading Debt Collection Practices

The FDCPA also prohibits debt collectors from using false, deceptive and misleading practices. This can include:

  • Misrepresentation of the amount owed.
  • Threatening to do something that they cannot legally do.
  • Threatening to have the consumer arrested.

The FDCPA protects consumers from these unfair practices, as well as any others that debt collectors may attempt.

North Carolina FDCPA Attorneys

If you feel as if your rights have been violated, the first step is to make sure you keep all documentation you have of the violation. From letters to voicemails, make sure you keep everything you can. Secondly, contact an experienced FDCPA attorney near you.

If you believe that a debt collector has violated your rights under the FDCPA, please contact Maginnis Howard’s FDCPA attorneys as soon as possible. Our FDCPA attorneys offer free initial consultations regarding FDCPA claims. We handle all FDCPA cases on a contingency fee basis.

To discuss your FDCPA claim, contact our firm at 919-526-0450 or by email  You may also send any questions or inquiries you have about the Fair Debt Collection Practice Act, or any other consumer protections laws, through our contact page.