Collecting that debt might not be a simple, easy thing to do. We may have heard of the federal Fair Debt Collection Practices Act, a statute that places some very strong restrictions on debt collectors; but few are aware of its Pennsylvania counterpart, which imposes similar restrictions upon Creditors collecting their own bills. This counterpart is called the Fair Credit Extension Uniformity Act (“FCEUA”), and it can be found at 73 P.S. § 2270.1 et seq.. Under the FCEUA, the person who owes the debt is referred to as a “Consumer,” who can only be a natural person residing in Pennsylvania who owes or is alleged to owe a debt.
He or she may not communicate with a person to secure location information more than once unless such person requests it, or the Creditor reasonably believes that the original information was mistaken and that such person now has correct location information. No communication may take place by post card. Neither the envelope nor letter nor telegram seeking location information may disclose that it is being sent for the purpose of collecting a debt. After the Consumer has an attorney in regard to the debt, the Creditor may not communicate with anyone else regarding the debt unless the attorney fails to respond within a reasonable amount of time. Communication by a Creditor to a Consumer is also regulated beyond the attempt to secure location information. Unless the Consumer gives prior written consent or the Creditor has secured the permission of a “court of competent jurisdiction” (generally our Courts of Common Pleas), there may be no communication with the Consumer in regard to the collection of the debt at a time or place inconvenient to the Consumer. Communications after 9:00 p.m. 8:00 a.m. are generally forbidden, unless the Creditor knows that there is some other more convenient time to contact the Consumer. Also, communication is forbidden if the Creditor knows that the Consumer has an attorney dealing with the debt, unless the attorney fails to respond within a reasonable time.
However, the attorney may authorize direct communication with the Consumer. Additionally, there may be no communication at the Consumer’s place of employment if the Creditor knows or has reason to know that the employer prohibits the Consumer from receiving such communication. Other than communication described above concerning location information, communication is further limited, unless prior consent has been given by the Creditor or permission granted by the court or unless reasonably necessary to effectuate post-judgment relief, with any person other than the Consumer, his or her attorney, a consumer reporting agency, a debt collector, the attorney of the debt collector, or the attorney of the Creditor. These are the entire universe of persons with whom the Creditor may communicate. Any conduct that the natural consequence of which is to harass, oppress or abuse a person in connection with a debt is forbidden. Specifically forbidden are the use or threat of use of violence or other criminal means to harm the person, reputation, or property of any person, the use of obscene or profane language, the publication of a list of Consumers who allegedly refuse to pay debts unless done under the requirements of the federal Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C.
Specifically dealing with telephone communication, it is improper to cause a telephone to ring or to engage any person in telephone conversation repeatedly or continuously with the intent to annoy, abuse or harass any person at the called number. Further, the caller’s identity must be meaningfully disclosed. False, deceptive or misleading representations or means in collection of any debt may not be used. It should be clear by now that a Creditor may not use unfair or unconscionable means to collect a debt. Creditor’s address on any envelope when communicating with a Consumer by mail. A violation of the FCEUA constitutes a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law and subjects a violator to the sanctions that are set forth in that law, which can be quite severe, and may include treble damages and payment of the Consumer’s attorneys’ fees.
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