FDCPA violations, laws, and provisions

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Who is shielded from FDCPA violations?

The FDCPA broadly defines a debt collector as “a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts.

While the FDCPA generally applies only to third-party debt collectors—not internal collectors for an “original creditor“—some states, such as California, have similar state consumer protection laws which mirror the FDCPA and regulate original creditors. In addition, some federal courts have ruled that a collector of debt is not a “creditor” but is rather a “debt collector” under the FDCPA where the collector of debt buys defaulted debt from an original creditor for the purpose of debt collection.

What types of debts are covered by the FDCPA?

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered. Business debts are not. Additionally, the FDCPA does not generally cover collections by the original creditor to whom you first became indebted.

Disputing the Debt

You have the right to dispute a debt you don’t believe that you owe. This is a critically important tool that the FDCPA guaranteed to consumers.

The first step is to inform the debt collector that you’ll be disputing the debt and request a written debt verification letter. Collectors have an indefinite amount of time to validate the debt, but collection calls and letters must stop while the debt is being verified.

The verification letter should include a whole host of information, including:

1. Name and contact information for the original creditor (this doesn’t mean the collector currently trying to get the debt from you, but the first creditor with whom you did business. An example of this would be the credit card company whose product you used.)
2. Why they believe you owe the debt, i.e. you made purchases on a credit card, stopped paying, etc.
3. All recorded owners of the debt
4. The amount of the debt and the date at which it was first incurred.
5. The authority under which the collector is attempting to collect.

What If My Debt is Old?

Debt collectors have a certain number of years within which they can sue you and win to collect a debt. It’s called the statute of limitations, and usually begins when you fail to make a payment on a debt. Once it’s over, your unpaid debt is considered “time-barred,” but in some states, you have to raise the age of the debt as a defense to win.

How long the statute of limitations on a debt lasts depends on what kind of debt it is, and the law in your state or the state specified in your credit contract.

Also, under the laws of some states, if you make a payment or provide written acknowledgment of your debt, the clock may start ticking again.

Can a debt collector contact me about a time-barred debt?

Yes. Even if a debt collector can’t successfully sue you over a time-barred debt, you may still owe it.

Does a time-barred debt stay on my credit report?

Maybe. The statute of limitations for debt is usually different from the reporting period for that debt on your credit report. In general, negative information stays on your credit report for seven years.

What should I do if a debt collector sues me?

If a debt collector files a lawsuit against you to collect a debt, respond, either personally or through your attorney, by the date specified in the court papers. That will preserve your rights and prevent a default judgment from being entered against you.

What recourse do you have for a debt collector who violates the FDCPA?

You can sue a collector in a state or federal court within one year of the date the law was violated. You can sue for damages, like lost wages and medical bills. If you can’t prove damages, you can still be awarded up to $1,000, plus reimbursement for attorney’s fees and court costs. Please note that even if you are successful in your FDCPA claim you will still owe the debt if it’s valid. Call us at 877-700-5790 for more information.

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Attorney Derek DePetrillo

Attorney Derek DePetrillo graduated from the Massachusetts School of Law in 2007 and was admitted to practice law in the State of Massachusetts in 2007. Mr. DePetrillo is also licensed in many federal jurisdictions across the United States.

Mr. DePetrillo has been assisting consumers with consumer protection since 2010. Mr. DePetrillo’s main area of practice is under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Fair Credit Reporting Act. Mr. DePetrillo has filed countless lawsuits and arbitration claims against debt collectors and banks. Mr. DePetrillo fights for the little people who have had their rights violated and need a helping hand to guide them through the stressful times of debt collection.