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The Law Office of Adam R. Weaver, Esq. Lehighton & Carbon County Bankruptcy Attorney

FCEUA: Pennsylvania Law Against Harassment by Creditors or Debt Collectors

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In Pennsylvania, debt collection activities are governed by the Fair Credit Extension Uniformity Act (FCEUA). The Fair Credit Extension Uniformity Act establishes what is considered deceptive and unfair debt collection practices. The Fair Credit Extension Uniformity Act is the state law governing debt collection practices in Pennsylvania. The Fair Debt Collection Practices Act, on the other hand, is a federal law, which governs debt collection practices in the US.

The two laws are almost similar, with one significant difference. The FDCPA only governs the behavior of third-party debt collectors hired by people or entities to collect debts on their behalf. On the other hand, the Fair Credit Extension Uniformity Act applies to creditors and third-party debt collectors hired by people or entities to collect debts.

When you owe people or entities money, being harassed is one of the most uncomfortable experiences. However, not all harassment acts by creditors or debt collectors are easy to identify. You might assume that harassment only constitutes the use of obscene language. Because of such an assumption, you might be surprised to learn that you are a victim of harassment, even though creditors or debt collectors have never used obscene language on you.

Keep reading to learn what is considered harassment by creditors or debt collectors in Pennsylvania.

What Is Considered Harassment by Creditors or Debt Collectors in Pennsylvania Under the FCEUA?

The following are some of the acts considered as harassment under the Fair Credit Extension Uniformity Act.

  • Use of violence to harm someone or their property. Threatening to use violence is also considered harassment.
  • The use of obscene language.
  • Advertising the sale of a debt to pressure someone to pay off their debt.
  • Making repeated calls to someone to annoy them.

Apart from warning creditors and debt collectors from employing the above actions to harass debtors, the FCEUA also prohibits them from using false representations. According to the FCEUA, creditors and debt collectors should not act in any way that misleads or deceives debtors. Acts that qualify as false representations include;

  • Collectors falsely claiming to be affiliated with the United States or any state. Creditors and debt collectors can do this by using illegally-obtained badges or uniforms.
  • Collectors falsely claiming to be lawyers or government officials.
  • Creditors and debt collectors claiming that you owe them more than what you owe them.
  • Debt collectors and creditors claiming they will take particular action against you, knowing the action is illegal and cannot be taken, and they do not intend to take such action.

If a creditor or debt collector is harassing you, you need first to collect evidence of the harassment and then ask the debt collector or creditor to stop harassing you. If they do not comply, speak to a professional body. For example, you can contact a law firm and ask for an attorney’s help.

Contact Us for Help Today

Is harassment by creditors or debt collectors frustrating you? Are you considering bankruptcy because you are unable to pay off your debts? Stopping creditor harassment through bankruptcy is an option you should consider if you cannot pay off your debts. Contact an experienced Lehighton & Carbon County bankruptcy attorney at 570-818-4888 today to schedule a consultation.

Resources:

legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2000&sessInd=0&act=7

.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

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