FDCPA

If you are having financial troubles, there is a good chance that you are having to deal with debt collectors.   We can help you if you are being unlawfully harassed or threatened by a debt collector.

The Federal Debt Collection Practices Act (“FDCPA”) provides you important rights and restricts what debt collectors can do in effort to collect a debt.   It is important to distinguish the difference between an original creditor, the person or entity that provided the loan, and a debt collector, a person or entity that was assigned the right to collect what is “due another.”

The FDCPA is a federal law that regulates the actions of debt collectors and protects those in debt from threats, harassment, and other abusive debt collection tactics.  Under the FDCPA many of these once commonplace practices are now illegal under federal law.

The most common violations of the FDCPA include:

• Continued attempts to collect debt not owed
• Using obscene or profane language
• Attempting to collect more than what is owed
• The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person
• Calling you more than seven times in a seven day period.
• By calling you again within seven days of speaking with you about the debt
• Contacting you after you told them you are represented by an attorney
• Threatening to report the debt to law enforcement 
• Disclosure verification of debt through written or verbal communication to a third person— even disclosing the debt on an envelope is a violation.
• The threat to take any action that cannot legally be taken or that is not intended to be taken.
• The false representation or implication that documents are part of a legal process.
• Failing to disclose they are a debt collector
• Calling your mobile phone without permission
• 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.

You can read more about potential violations on the Federal Trade Commission’s website, here.

What are the remedies?

Under the FDCPA, if a debt collector has violated your rights, you may be entitled to monetary damages for attorney’s fees, lost wages, statutory damages, as well as any physical or emotional distress you may have sustained.

We are here to help you if you are being harassed by debt collectors.  We will gladly give you a free case evaluation.