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Fair Debt Collection Practices Act (FDCPA)

Fair Debt Collection Practices Act Attorney

Established in 1978, the Fair Debt Collection Practices Act (FDCPA) protects individuals from the fair debt collection practices act violation many agencies unfortunately employ today. The act was created to eliminate abusive practices in the collection of consumer debts, to advocate for fair debt collection, and to offer consumers a way to dispute and obtain validation of debt information in order to ensure the information’s accuracy.
The Fair Debt Collection Practices Act is a consumer protection which provides legal protection from abusive/harassing debt collection practices. When a company violates the FDCPA we can offer free assistance with getting the calls stopped and potentially get you damages up to $1000.00 for the harassment.

Fair Debt Collection Practices Act Business Debt

The FDCPA creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. We can use the specific rights afforded by this act to stop harassing calls to your home and place of business and afford you respect and privacy. Below is a breakdown of what collection agencies CAN’T do.

The Fair Debt Collection Practices Act prohibits debt collectors from:

  • The collector cannot misrepresent the amount you owe. Asking you to pay interest, fees, or expenses that are not allowed by law. The collector can’t add on any extra fees that your original credit or loan agreement doesn’t allow
  • Calling you repeatedly or continuously. The FDCPA considers repeat calls or calls in excess of 7 times a day as harassment.
  • Using obscene, profane, or abusive language. Using this kind of language is considered harassment
  • Calling before 8:00 am or after 9:00 pm. Calls during these times are considered harassment
  • Calling at times the collector knew or should know are inconvenient. Calls at these times are considered harassment
  • Threaten to use violence if you don’t pay the debt. Collectors can’t threaten violence against you
  • Threaten action they cannot or will not take. Collectors can’t threaten to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit when the collector cannot or does not intend to take the action
  • Illegally inform a third party about your alleged debt. Unless you have expressly given permission, collectors are not allowed to inform anyone about your debt except:
    • your attorney
    • the creditor
    • the creditor’s attorney
    • a credit reporting agency
    • your spouse
    • your parent(s)(if you are 17 or younger)
  • Repeatedly call a third party to get your location information. The collector can only contact a third party once unless it has reason to believe the information previously provided is false
  • Contact you at work knowing your employer doesn’t approve. A collector is not allowed to contact you at work if you’ve let them know your employer doesn’t approve of these calls
  • Fail to send a written debt validation notice. Within five days of the collector’s initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days
  • Ignore your written request to verify the debt and continue to collect. A collector can’t continue to collect on a debt after you’ve made a written request to verify the debt as long as the request was made within 30 days of the collector’s written notice
  • Continue to collect on the debt before providing verification. After receiving your written dispute, the collector must stop collecting on the debt until you have received verification
  • Continue collection attempts after receiving a cease communication notice. If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions