Time Stipulations

• Debt collectors may not accept checks from any person if the check is post-dated by more than five days. Exceptions to this rule apply if the debt collector notifies the person issuing the check in writing of their intention to deposit the check. Depositing the check more than 10 business days after the check date or less than three business days before the check date requires notification. Debt collectors are prohibited from depositing post-dated checks prior to the date on the check.
  
  

Threats

• Debt collectors may not threaten consumers with arrest or criminal prosecution as a reason for demanding for a post-dated check. They may not threaten property attachment, account seizure or wage garnishment for any reason unless the action is legal in the consumer's state of residence. Consumers who consider giving debt collectors post-dated checks for old debt should be aware of their state laws concerning the statute of limitations for debt. If the debt is out-of-statute, the debt collectors no longer have a right to collect.
  
  

Other Unfair Practices

• In addition to threats, time and deposit stipulations, debt collectors may not attempt to collect an amount that is not specifically authorized by the written agreement. For example, debt collectors may not charge interest on the outstanding debt or include legal fees as part of the balance unless the credit agreement expressly authorizes it. Other unfair practices include initiating communication charges such as collect phone calls or telegram fees in collection attempts. Debt collectors may not communicate with consumer about a debt via postcards, use envelopes that contain language or symbols other than the collector's name and address. If the business name indicates a debt collection business, the collector may not include it on the envelope.
  
  

Recourse

• Consumers have the right to file a lawsuit against debt collectors who violate the FDCPA. The acceptable amounts of a lawsuit for civil court cases vary based on actual damages and additional damages that may not exceed $1,000, plus court costs. If a debt collector repeatedly violates the FDCPA intentionally, criminal charges may apply.