Fair Debt Collection Practices Act Section 806

Is your debt collection agency harassing you? Are they calling you all the time? Did they threaten your properties, your reputation and yourself personally? Did they also curse at you? No matter what you do they would not back down? They even call your workplace even though you specifically told them not to. Are you getting really irritated by the debt collection agency attitude?

Here is something you could try the next time they call you. Pick up the phone and tell them that they are in breach of Section 806 of the Fair Debt Collection Practices Act and that you are taking action against them.

However, before you tell them that, you should understand what the FDCPA is and how section 806 protects you.

What is the Fair Debt Collection Practices Act or FDCPA?

The FDCPA prohibits debt collectors from using unfair methods on you for debt collection and the FDCPA is implemented by the Federal Trade Commission or FTC. Section 806 declares that a debt collector cannot harass or abuse you in any way when attempting to collect on a  debt.

Section 806 says debt collectors cannot call before 8am and after 9pm unless you come to an agreement that they can call you at that time.

They cannot intimidate you with physical violence nor can they hurt you, your property like your house and your reputation.

They cannot use profane language particularly using it to abuse you.

Publishing a list of people who declines to pay their debts is illegal unless it is a credit agency or consumer-reporting agency.

Debt collectors cannot put an advertisement for your debt to make you to pay your debt.

They also cannot insult your race, sexual orientation, religion and personality while you are speaking to them.

So now, you are aware of Section 806 of the FDCPA and are ready to fight the debt collection agency that had been harassing you. However, I think you should just write a cease and desist letter telling them to stop so this way you can get out of having to hire a lawyer and investing a lot of your time.

Also, you’ll written proof that you in fact did warn them. (It is best to send your letter certified or with delivery confirmation so that they cannot lie and say that you never mailed it or that they did not receive it.)

They don’t want no problems.

Usually once the out-of-line debt collection companies know that you are aware of your rights, they will back away from you faster than the speed of light. Believe me, they don’t want no problems, and the sure as hell don’t want to deal with the FTC, because the penalties that they could face just trying to go about collecting a debt in the wrong way can cost them far more than they were ever trying to collect.

So just because you’re in debt does not mean that debt collectors can treat you any ole kinda way. There are consumer protection right looking out for you. But you must be aware of them and exercise your rights!

Learn more about the Fair Debt Collections Practices Act (FDCPA) here.

17 Replies to “Fair Debt Collection Practices Act Section 806”

  1. Thank you so much for this info! I’ve heard a few debt collector horror stories so I’ve always been pretty paranoid when it comes to credit purchases so it’s relieving to know if anything actually happens, I have the option to take legal action.

    1. Some people’s live have been ruined due to overly aggressive debt collectors. It’s like a bully that won’t leave you alone. But if people simple educate themselves, learn their rights, and enforce their rights – then they will have the power they need to deal with debt collectors accordingly. I know debt collectors hate me for exposing this but I don’t care.

  2. It’s astounding how these companies are allowed to operate on a daily basis.
    Violence aswell as Fear always stem from the ignorance of the dynamics of power.
    Knowing your rights is of critical importance when dealing with this kind of abuse!

  3. It’s astounding how this companies are allowed to operate on a daily basis.
    Violence aswell as Fear always stem from the ignorance of the dynamics of power.
    This article proves it perfectly. Knowing your rights is of critical importance when dealing with this kind of abuse!

  4. I know a lot of people who have been plagued by obnoxious debt collectors. Most of these debt collectors are threatening and harassing these debt holder’s life, liberty, and property which is in no way humane and is definitely degrading. It is interesting to know that Section 806 of the Fair Debt Collection Practices Act can actually safeguard debt holders from abusive and unfair collectors. More often than not, debt collectors are already breaching Section 806 of FDCPA, unfortunately debtors do not know about that. But when debt holders know their rights, they can easily stand up against intimidation brought by these collectors to the point that they would back off “faster than the speed of light”. It can also protect them against any form of violence and disrepute, and in the long run their assets, property, and credit rating. Now, the call to action is to spread the word that there is such thing as the FDCPA Section 806 which protects the debtors and his/her rights.

  5. Thank you for the heads up!

    It’s interesting to note that the “unfair methods, harassment, and abuse” that consumers are protected from are defined pretty specifically and do not apply to raised or threatening tones of voice, for instance, probably because these are too subjective.

    On a more disheartening note, I wonder if debt agencies are, in fact, affected by letters stating that litigation could be forthcoming, since I’m guessing that they also know how expensive and time-consuming hiring a lawyer is. My recommendation would be to list in your letter very specific times, dates, and observations you will bring against them, so you come across as taking this seriously.

  6. The world right now as you can observe has been filled with greediness, more of which you can see from these unfair debt collectors. The article is very profound in it’s content, not in a way that many debt holders see this as an oversight, rather it is a comprehensive article that can guard them, their property, their reputation, their credit line and most especially their own assets from being unjustly taken away from them. It is good that people like you have been posting articles that are profoundly written and it is very good to see that people like you still care. I like the part wherein you informed the people that even if this collectors look intimidating, you can scare them off.

  7. this link is to the fair Debt Collection practices Act, where you can see section 806- definition and interpretation of harassment and section 813- the corresponding fine.

    https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#813

    This is a great article about how to counteract the harassment from debt collection agencies in terms of the governing legislation and regulating body (Federal trade commission). Now I am more interested to learn some discussion about the relationship between debt collection agency and the credit bureaus- for example, do creditors really or have a right to report to the credit bureau and send the debt to the collection agency without inform the debtor of doing so? if this is a disputed debt/ alleged debt by the creditor, does the person under harassment have to bring a declaratory relief to the court?something like this.

    1. Hello David,

      As far as I’m aware, creditors have every right to attempt to collect a debt as well as reporting it to consumer credit reporting agencies. The only issue is the conduct that they use to go about collecting that debt. For instance, they can’t show up to your door with brass knuckles demanding their money back, or insult your race, religion, background and such. They are held to standards under the FDCPA that they must operate by or face the consequences.

      P.S. Thanks for adding that link. This article highlights section 806, but there are indeed many more clauses under that Fair Debt Collection Practices Act that all work together and that you can and should explore. I just touched on the section 806 as a center point concerning debt collector harassment and to simply introduce this to the public and make people aware that they do have some rights and power even when they are in debt.

      P.P.S. This is U.S. debt law, not sure about other countries.

      1. Hello, DebtGuru. Great article that you’ve posted.

        With regards to your P.P.S, let me quote a situation from my own country.

        In Malaysia, there are certain guidelines for legal debt collectors to follow, but those are limited to those working on behalf of Malaysia’s financial institutions. These regulations show up in the “Prohibited Business Conduct” document, Section 9.3, issued by the Central Bank of Malaysia, which prohibits the use of illegal actions to collect on debts.

        Unfortunately, that’s one side of the equation; we also have a lot of illegal financial agencies, judging from the many advertisements covering the telephone poles. And unlike the legal ones, practically anything goes, death threats and property damage inclusive, just to collect on debts (with massively inflated interest rates, to boot).

        Some of these fiends have been brought to justice, but the execution of the laws needed to ensure that debts are collected in a peaceful manner is still a large question mark. That is slowly improving, though.

        I’d say that if the laws are present, but the execution is weak, you essentially can’t achieve too much.

        1. First of all, I am very sorry to hear that the debt collection laws appear to be on the weak side in your country. But as this article is for U.S. citizens, I will focus on this area because it’s far too broad to cover world debt law. One thing’s for sure is that in the U.S. these laws are taken very seriously, and let’s just say some people who have been in debt have gotten a hefty payday simply due to overly aggressive debt collectors. Death threats, brass knuckle beat down threats, jail threats and all that other BS is not tolerated here. A debt company will face tough consequences (and even possible be shut down) if a debtor can prove that they are being harassed in ways that violate the FDCPA.

  8. It is an amazing article. If someone who is unaware of his/her rights and is being harassed by the debt collection agency, this article is a gold mine. It gives you so many powers that you didn’t knew about in the first place. And FDCPA section 806 also protects the person from insult against their race, sexual orientation, religion and personality. Its a great way to protect the consumers.

  9. This is really a great article. So many consumers don’t know their rights. Information like this is very powerful because it not only educates consumers but equips them with the tools they need to protect themselves and families. I had some ideas of fair debt collection practices, but didn’t know the magnitude of FDCPA Section 806. The fact that debt collectors are limited in terms of time they can contact you is a plus. Also, sending a certified letter requesting cease and desist from unfair solicitation and harassment is an excellent idea. Great article not just for tips and strategies, but because it enables consumers who are constantly pounded by predatory debt monsters the weapons they need to fight back! I am so ready to scream FDCPA section 806 at the next vulture who dials my phone trying to collect on some ancient debt they’ve purchased. I will be professional of course. Not!

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