The FDCPA prohibits debt collectors from engaging in unfair practices when trying to collect a debt.

Debt collectors may not:

• Collect any amount greater than the consumer’s debt, unless state law permits such charge
• deposit a post-dated check before the date written on the check
• Apply a payment to a debt other than the one specified by the consumer
• Take, or threaten to take, the consumer’s property, unless it can be done legally
• Contact the debtor by postcard (too much information about a debt would be made public)
• Use deception to get the debtor to accept collect phone calls or pay for telegrams
• Use any language or symbol on envelope, or in the contents of any communication, that indicates the existence of a debt or reveals the collector’s profession

Collecting Decedent Debts

For the purpose of collecting a decedent’s debt, a debt collector may communicate with any of the following individuals:

• The decedent’s spous
• The decedent’s parent (if the decedent was a minor at the time of death)
• The decedent’s guardian
• The decdent’s executor
• The decdent’s administrator
• Another person who has authority to pay the decedent’s debts from assets of the decedent’s estate

Collecting Decedent Debts

In instances in which collectors do not know the identity of those with the authority to pay the decedent’s debts from the estate’s assets, they may communicate with others to try to identify these individuals. In collecting this information, a debt collector must:

• Identify themselves
• State that they are confirming or correcting location information concerning the consumer
• If expressly requested, identify their employer; but do not state that the consumer owes a debt

In order to avoid creating the impression that the individual contacted is personally liable for the decedents debts, or that the collector must disclose clearly and prominently” that;

• It is seeking payment from the assets in the decedents estate; and
• The individual cannot be required to use his or her own assets, or assets the individual owned jointly with the decedent, to pay the decedents debt