Fair Debt Collection Practices
The Fair Credit Extension Uniformity Act regulates the debt collection activities of debt collectors and creditors in Pennsylvania. This law, effective as of June 26, 2000, prohibits debt collectors and creditors from engaging in certain unfair or deceptive acts or practices while attempting to collect debts.
The Fair Credit Extension Uniformity Act encompasses the federal debt collection statute, the Fair Debt Collection Practices Act, and provides certain important restrictions on the conduct of debt collectors. More information on the Fair Debt Collection Practices Act, including a summary of how more recent regulations interpreting the Act may impact consumers’ rights, can be found here.
Communications with Debtor
Unless they have your prior consent or the express permission of a court, debt collectors and creditors may not communicate with you:
- At unusual times and places
- Before 8 a.m. or after 9 p.m.
- Via telephone conversation more than once per week concerning a particular debt
- Using a specific method of communication (e.g., phone calls or texts) after you have requested that they stop communicating with you via that particular method
- At work, if they know your employer disapproves of such contacts
- When they know you are represented by an attorney
Communications with Third Parties
Debt collectors and creditors may communicate with third parties only for the purpose of acquiring location information about you. During these third party contacts, debt collectors and creditors may not reveal that you owe any debt.
Harassment
Debt collectors and creditors may not harass, oppress or abuse you or any third parties while collecting a debt. Examples of this include:
- Threatening you with violence or harm
- Publishing a list of consumers who refuse to pay their debts (except to a credit bureau)
- Using obscene or profane language
- Repeatedly using the telephone to annoy (e.g., calling you about a particular debt more than seven times within a seven-day period)
Unfair or Unconscionable Practices
Debt collectors and creditors may not use unfair or unconscionable means to collect a debt. Examples of this include:
- Collecting any amount greater than your debt, unless permitted by the agreement creating the debt or by law
- Depositing a postdated check prematurely
- Using deception to make you accept collect calls or pay for telegrams
- Contacting you by postcard
- Contacting you by sending an email to an address that the collector knows is provided by your employer
- Contacting you via social media if the communication is publicly viewable
False Statements
Debt collectors and creditors may not use any false or misleading statements when collecting a debt. Examples of this include:
- Falsely implying that they are vouched for, bonded or affiliated with the government
- Falsely implying that they are attorneys
- Falsely implying that you have committed a crime
- Falsely implying that documents sent to you are legal documents
- Falsely implying that documents sent to you are not legal documents
- Misrepresenting the amount or legal status of your debt
- Misrepresenting their name
- Threatening to file a lawsuit when they cannot or do not intend to do so
- Fair Debt Collection Practices
- Credit Cards and College Students
Contact the Bureau of Consumer Protection
15th Floor, Strawberry Square
Harrisburg, PA 17120
800-441-2555 (Toll-Free Helpline)