What is the Fair Debt Collection Practices Act?
The FDCPA is a law that was made with one intention: To stop collection agencies and debt buyers from harassing you. They can still try to collect debt, but they cannot be abusive or use any trickery. As most laws tend to be, laws are very strict, which in this case is good for you. If a collection agency or debt buyer crosses the line ever so slightly it can result in them paying you a fine and paying your attorney’s fees.
However, this law is not always followed, and is sometimes completely ignored. Most people don’t know the exact details of the FDCPA and are unfamiliar with the court process, so unless there is an extreme act of harassment, they never file a lawsuit against an abusive collection agency or debt buyer.
If a debt collection agency or debt buyer breaks the law, you can sue them and make them pay (or negotiate a much better deal on your existing debt). Congress passed this law because collection agencies were abusing people in debt, who typically were dealing with much bigger issues in life such as a lost job, divorce, medical emergency or death. You have the right to be treated fairly. Just because you owe money does not take that right away from you.
If the collection companies have acted properly but you just can’t handle all their collection calls and letters, we can still make them stop. Once you have retained our firm, we will contact your creditors and make them stop all contact so you don’t dread every unknown number calling your phone.
Need help with the Fair Debt Collection Practices Act (FDCPA)?
Basic FDCPA Violations
- Repeated and continuous calling
- Calling you at odd hours (before 8 am or after 9 pm)
- Calling your job after you tell them that they cannot call there anymore
- Discussing your debt with a third party, such as your boss, co-worker, friend or family member
- Using ‘spoofed’ or fake phone numbers to call you (to get you to pick up)
- Communicating with you after you write a letter to them not to contact you anymore, unless it is necessary to provide notification of a lawsuit or garnishment
- Communicating with you after you sent a written validation request (if timely requested) and before they have mailed the proper documentation to you
- Contacting you once you have an attorney
Threats and Abuse:
- Using abusive or profane language
- Threatening you with arrest
- Threatening you with violence, either physically or threatening our reputation or property
- Threatening you with legal action if no action is intended (like saying we will garnish your wages if they don’t even have a judgment against you)
- Depositing a postdated check prior to the date on the check
- Reporting false information to the Credit Bureaus
- Suing you in a county where you do not live
- Using any type of misrepresentation
- Say that they are an attorney if they are not
- Giving you false information (like saying they are calling from the bank when they are really a collection agency or saying that you owe more than you really owe)
- Falsely suggest that they are working for the government
- Confusing and misleading information on collection letters
Law Offices of Joseph I Harrison
- Extensive consumer law experience.
- Dedicated to solving your problems.
- Cost-effective friendly service.
Call 347-770-0072 now.
Speak with an experienced credit repair and debt defense attorney within the hour.
- Protection from debt collection harassment.
- Defense for pending lawsuit or garnishment.
- Credit report & credit score repair.