50 Reasons to Sue your Debt Collector under Federal Law

The below is a list of 50 clear violations of the Fair Debt Collection Practices Act.[1] Most of these are in the collection-litigation landscape.

This list was first inspired by only one provision—FDCPA § 1692e(10)[2]—a “catch-all” provision that penalizes deceptive “means” to collect debts. But I tossed in other violations of a similar nature, which are mostly encompassed within FDCPA § 1692e (“False or misleading representations").

1. Threatening a lawsuit or filing a lawsuit on a time-barred debt (too old)
2. Misrepresenting the collector’s legal rights (i.e. a right to communicate with third parties, or a right to execute on a judgement without one having been entered)
3. Continuing efforts to collect on a claim that the collector knew was not valid
4. Misrepresenting the urgency or imminence of a collection lawsuit
5. Threatening suit in absence of an assignment or ownership of the debt
6. Misrepresenting a creditor’s authority to sue
7. Attaching self-created account statements to a collection complaint as if they were generated by the originating creditor[3]
8. Falsely threatening to report the consumer’s debt to third parties, such as consumer’s employer or credit-reporting agency
9. Misrepresenting credit-repair issues in the context of payment relating to credit scores, late payments, and old accounts
10. Misrepresenting the expiration of the right to dispute a debt
11. Demanding a full balance of an installment contract in the absence of an acceleration clause
12. Using false or fictitious names
13. Creating a false sense of urgency as to the timing of a reply
14. Misrepresenting that the collector only as the authority to accept payment in full
15. Falsely implying that the collector is providing legal advice to the creditor
16. Threatening to take legal action that would amount to the unauthorized practice of law
17. Contradicting or confusing the consumer’s debt-verification rights
18. Compelling payment through Western Union or Overnight mail
19. Falsely implying a connection to the Internal Revenue Service (IRS)
20. Deterring the consumer from answering a complaint or from seeking legal advice
21. Misrepresenting the number and type of collection-agency employees (for example, claiming to have “detectives” or an “investigative division”)
22. Misrepresenting the consumer’s obligations by threatening to collect fees or charges not owed by the consumer
23. Unlicensed debt collection. In New York City, you can search it here
24. Knowingly engaging in or profiting in sewer service
25. Implying, or using documents that falsely imply, that a default judgment was already entered
26. Misrepresenting the identity of the creditor or whom to pay
27. Bringing the collection lawsuit outside the statute of limitations
28. Bringing a lawsuit without any intention of meeting the burden of proof
29. Falsely attesting to personal knowledge of a creditor’s business records
30. Pursuing a collection lawsuit, or selling the alleged debt, knowing that the wrong party was targeted for the debt
31. Suing on a debt that has been discharged in bankruptcy
32. Seeking pre-judgment interest that is not allowable under state law
33. Suing twice for the same debt
34. Taking action on a breached settlement agreement without sending a notice to cure required in a settlement agreement
35. Falsely implying a previous award of attorneys’ fees
36. Seeking the collection of debt covered by third parties, for example Worker’s Compensation relating to a covered medical debt
37. Contacting a consumer who is represented by an attorney
38. Sending a verification response directly to a consumer when verification was demanded by the consumer’s attorney
39. Threatening a collection lawsuit when it wasn’t intended, or as imminent as represented
40. Threatening a collection lawsuit when such action would exceed the collector’s contractual authority
41. Threatening a collection lawsuit before verification, or before a statutory or contractual period for the consumer to cure delinquency
42. Threatening a garnishment without a judgment or court order
43. Enforcing a judgment that had already been vacated
44. Stating or implying that a consumer lacks a legal defense to a collection lawsuit
45. Stating or implying that a collection lawsuit had been commenced when it hadn’t
46. Stating or implying that a judgment had been entered when it hadn’t
47. Adding unauthorized charges or judgment costs without a judgment
48. Falsely threatening referral to an attorney
49. Misrepresenting rights under the Fair Debt Collection Practices Act.
50. False threats of “investigations” into the consumer’s “assets”

Contact us right away if you suspect violations of any of the above, especially if you're bothered by any collector on this list.