The FDCPA allows you to dictate Who a debt collector may contact in the process of collecting a debt. For example, a debt collector cannot legally contact you once you have advised them that you have retained an attorney; from that point, they can only contact your attorney. Similarly, a debt collector may not contact a neighbor, co-worker, or relative once you have informed them that you do not authorize communication with such person. The Fair Debt Collections Practices Act allows you to recover up to $1000 in damages if the debt collector fails to respect your request as to “Who” you authorize in debt collection communication.

The FDCPA Also Allows You to Dictate How a Debt Collector May Contact You. For example, a debt collector may not contact you via telephone, or via text message, or in person, or via e-mail, once you have informed them that you authorize debt collection communication via such medium. If you inform a debt collector that you only authorize communication via written mail, the debt collector cannot legally contact you in any other manner. The Fair Debt Collections Practices Act allows you to recover up to $1000 in damages if the debt collector fails to respect your request as to “How” you authorize debt collection communication.

The FDCPA Also Allows You to Dictate When a Debt Collector May Contact You. For example, the FDCPA already establishes certain limits to the amounts of times a debt collector may contact you within a day or within certain periods of time. In addition, the FDCPA allows you to dictate certain times or days when you authorize debt collection communications. The FDCPA allows you inform a debt collector that you do not authorize debt collection communications during your working hours, or in the evenings, or during the weekends, amongst others. The Fair Debt Collections Practices Act allows you to recover up to $1000 in damages if the debt collector fails to respect your request as to “When” you authorize debt collection communication.

The FDCPA Also Allows You to Dictate Where a Debt Collector May Contact You. The law allows you to dictate to a debt collector if you do no wish to be contacted at work, or at a relative’s address, or at a particular phone number. A debt collector may not legally contact you at any place or number you have informed. The Fair Debt Collections Practices Act allows you to recover up to $1000 in damages if the debt collector fails to respect your request as to “Where” you authorize debt collection communication.

The FDCPA protects “Consumers.” Consumers are persons who owe or are alleged to owe a consumer debt.

The FDCPA regulates “Debt Collectors.” A debt collector is somebody who is in the business of trying to collect a debt for another party or somebody whose principal business is collecting a delinquent debt. The Fair Debt Collection Practices Act (FDCPA) does not apply to companies or individuals trying to collect on a debt owed directly to them unless they pretend to be a third party or are in the principal business of purchasing or collecting defaulted debts.

The FDCPA covers and applies to attempts to collect “Consumer Debts.” A Consumer Debt is any debt that is primarily for personal, family, or household purposes. Business and commercial debts are not covered.

The Puerto Rico debt collection attorneys at The Batista Law Group can assist you with debt collector harassment or misleading communications by debt collection agencies in Puerto Rico. There are many laws regarding what debt collectors cannot do when they contact you to seek debt collections.
Our FDCPA lawyers have successfully sued dozens of debt collectors for violating these laws and have obtained monetary damages for many clients. See, a listing of some of the cases for debt collection violations filed by The Batista Law Group.
Some of the most common violations are:

For Example, Debt collectors cannot:

• Make false, deceptive or misleading statements
• Contact you without identifying the company calling
• Place repetitive and harassing phone calls
• Threaten you with violence or harm to your person, reputation or property
• Tell or threaten to tell other people (your employer, neighbors, credit references or friends) that you owe a debt
• Use foul or abusive language or call you names
• Accept a postdated check and cash it prior to its date

Far too often, debt collectors use deceitful practices to intimidate and trick borrowers. It is not uncommon to see debt collectors take advantage of people through lies and threats.

For Example, Debt Collectors Cannot Misrepresent:

• Inflating the amount of the debt
• Stating that you must make immediate payment to avoid being sued
• Using false names or pretending to be an attorney, police officer, investigator, or similar official
• Threatening you with false claims of arrest, imprisonment, or prosecution for a crime
• Misrepresentations or failure to provide you with information about your rights
• Attempting to collect old debts that are no longer legally enforceable through misleading collection letters and settlement offers

For Example, Common Violations of the Who, How, When and Where Rules:

• Who. A debt collector is also not allowed to neighbors, co-workers, relatives once they know your contact information or once you have advised them that you do not authorize such communications.
• How. A debt collector is also not allowed to make robocalls to a cell phone unless you have provided the number to the collector or creditor and must stop calling your cell phone if you ask them to stop making the calls.
• When. A debt collector cannot contact you at inconvenient times or inconvenient places. The law presumes that calls between 8 a.m. and 9 p.m. local time are convenient, but you can inform debt collectors if you do not wish to be call or contacted during these times. Or, if you authorize comunication only in writing.
• Where. Debt collectors cannot contact you at work if they know that your employer does not permit it. If you are not allowed to take calls at work, or if you do not want them to contact you at work, tell them not to call you at your work number.

A debt collector may not charge you any interest, fees, or collection charges, except those amounts that were authorized by the agreement with the creditor to whom the debt is owed.

For example, Debt Collectors May Not:

• Charge an unauthorized collection percentage.
• Charge an unauthorized percentage for electronic payments.
• Charge fees or other costs not authorized by the original agreement.

You have rights when it comes to dealing with debt collection agencies and employees. Under the Fair Debt Collection Practices Act (FDCPA) you are protected from abuse, harassment, and unfair debt collection practices. Under the act, debt collectors in violation if they:

• Call you before 8 A.M. or after 9 P.M.
• Contact you during your work hours if you have told them that your employer does not permit you to receive such calls in your workplace
• Contact a third party about you for any reason other than contact information
• Harass/abuse you or anyone close to you regarding your debt
• Be dishonest about the amount you owe
• Lie about being enforcement officers
• Claim to arrest you
• Threaten to seize or sell your property or wages unless they are allowed to by law
• Give false credit information about you
• Using a fake company

If any of the above has happened to you, do not hesitate to contact the debt collection attorneys at The Batista Law Group, PSC. Our Puerto Rico debt collection defense attorneys are here to make sure you get the representation you deserve. Call us today for a consultation.

Above all, be sure to consult with a Puerto Rico debt collection defense attorney who can help protect your rights and end debt collector abuse against you. At The Batista Law Group, we have provided countless clients in San Juan and other areas of Puerto Rico with the resources and representation they need to stop debt collector abuse and find peace of mind.

We review collection letters and other communications from debt collectors without charge.