Collection Methods a Collector is Prohibited From Using

Unlike the original creditor that you owed the debt to, a debt collector is not allowed to charge you interest, fees, or collection charges, except those amounts that were authorized by the original agreement you signed with the creditor.

Harassment Prohibited. This means that a debt collector can not use any language, communication or conduct to harass, oppress, or abuse anyone. This includes prohibitions on:

• The use threats of violence or harm to your person, property, or reputation.
• The advertisement of your debt or publishing a list of consumers who refuse to pay their debts, except proper reporting to a credit bureau.
• The use of obscene or profane language in communicating with you.
• The repeated use of the telephone to annoy you or to constantly ring your telephone without completing the call.
• Calling people without identifying themselves as a debt collector.

False Statements Prohibited. This means that a debt collector can not use false statements when contacting you to try and collect a debt. This includes:

• Falsely telling you that they are an attorney or government representative.
• Falsely telling you that you have committed a crime by not paying a debt.
• Falsely represent to you that they operate or work for a credit bureau.
• Misrepresent to you the character, amount, or legal status of the debt.
• Telling you that papers being sent are legal papers when they are not or telling you that papers being sent are not legal papers when they actually are legal papers.

Threats Prohibited. This means that a debt collector may not threaten you when trying to collect a debt. This includes threats like:

• Telling you that you will be arrested if you do not pay your debt.
• Telling you that they can seize, garnish, attach, or sell your property or wages, unless they actually intend to do so and have the legal right to do so.
• Taking any actions against you which are illegal.
• Violating any law in an effort to collect a debt.

Deception Prohibited. This means that a debt collector may not deceive you when trying to collect a debt. This includes deceptions like:

• Sending you anything that looks like an official document from a court or government agency when it is not.
• Giving false credit information about you to anyone.
• Using a fake or false name, unless that name is allowed by state law and properly registered with the state, if required.

Unfairness Prohibited. This means that a debt collector may not treat you unfairly in attempting to collect a debt. This includes unfairness like:

• Collecting any amount greater than your debt, unless allowed by law.
• Depositing a post-dated check more than 5 days before the date on the check, without giving you notice of when they intend to deposit it.
• Soliciting a post-dated in order threaten criminal prosecution or threaten to cash the check early.
• Making you accept collect calls or pay for telegrams.
• Taking or threatening to take your property unless this can be done legally, including wrongfully repossessing your vehicle.

Contacting you by postcard is prohibited.

At Maxwell Attorneys LLC, we are here to help you with your consumer protection needs. Call us today at 414-727-0123 for a first consultation at no charge. We serve Southeastern Wisconsin counties including: Milwaukee, Waukesha, Washington, Kenosha, Racine, Walworth and Ozaukee.