ID

David S. Osterman, Esquire

Appointments are available Tuesday and Thursday evenings and on Saturday mornings.

40 Bay Street
Manchester, New Hampshire 03104

Tel: 603-626-5450
Toll Free: 866-855-2999
Fax: 603-626-5453

DEBT COLLECTORS ARE NOT ALLOWED TO:

Contact consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time;

Continue to communicate with you after you ask them to stop doing so.  Communicating with consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted;

Cause 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;

Communicate with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer.  (In New Hampshire a debt collector cannot contact you at work more than once a month, and must stop doing so upon request.);

Contact a consumer known to be represented by an attorney;

Communicate with a consumer after request for validation has been made: communicating with the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer’s written request for verification of a debt made within the 30 day validation period (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor’s name and address;

Misrepresent the debt or use deception to collect the debt, including a debt collector’s misrepresentation that he or she is an attorney or law enforcement officer;

Publish the consumer’s name or address on a “bad debt” list;

Seek unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law.  Usually this applies to attempts to collect interest or collection fees that the creditor or agency is not entitled to;

Threaten arrest or legal action that is either not permitted or not actually contemplated;

Use abusive or profane language in the course of communication related to the debt;

Communicate with third parties: revealing or discussing the nature of debts with third parties other than the consumer’s spouse or attorney.  There are exceptions to this rule, but they do not include discussing the specifics of your debt with persons other than you, your spouse, or your attorney;

Contact a consumer by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business;

Report false information on a consumer’s credit report or threatening to do so in the process of collection.

July 18th, 2012 | By admin | Filed under: FDCPA   
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