Harassment or Abuse (15 U.S.C. § 1692d): Federal Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

Jul 5, 2006 | By: Michael J. Hassen

As a resource for federal defense lawyer defending against class actions under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., we provide on this site the text of the FDCPA. Attorneys in FDCPA class action cases often concern communications from debt collectors, which is governed by the following statute:

§ 1692d. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3) of this title.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

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