The statutory definition of what a debt collector is authorized to attempt to collect is set forth in FDCPA 808(1):
"A debt collector may not use unfair or unconscienable means to collect or attempt to collect any debt. Without limitating the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interestm fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law"
Thus, a two-step process is set forth under the statute.
First, review your original account agreement with the creditor, and determine if it expressly authorizes any fees they are attempting to collect.
Second, if not specifically authorized, does your state have any statutory authorization for a debt collector to collect any amount not set forth in your account agreement.
If the answer to both is no, they are in violation of the FDCPA.
One of the reasons why the courts have held that a consumer is entitlted to an itemization of an asserted debt as part of adequate debt validation.
