Under the Fair Debt Collection Practices Act, consumers are afforded certain rights when a debt collector or creditor is attempting to collect money from them. Debt collectors frequently violate this act and their violation of this act affords you with certain remedies including statutory monetary damages payable by the debt collector to you. Please contact our firm for a consultation if you feel your rights have been violated.
Some potential violations of the Fair Debt Collections Practices Act include the following:
• A debt collector’s repeated efforts to contact you after being advised in writing to cease any further contact
• A debt collector contacting individuals other than you or your attorney with regard to your debt
• A debt collector contacting you at work after being advised to cease doing so
• A debt collector failing to place proper written notice on your written communication as required under the Fair Debt Collection Practices Act
• A debt collector harassing you by using profane language, publish a list of consumers who refuse to pay their debts (except to a credit bureau), repeatedly using the telephone to annoy someone, or calling before 8AM or after 9PM or calls at inappropriate times
• A debt collector setting forth false or misleading statements with regard to your debt such as tell you that they are attorneys or government representatives, when in fact, they are not; falsely imply that you have committed a crime; misrepresent that they operate or work for a credit bureau; misrepresent the amount of your debt; indicate that papers being sent to you are not legal forms when they in fact are; state that you will be arrested if you do not pay your debt; threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so; threaten that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
• A debt collector implying that you have committed a crime
• A debt collector misrepresenting the amount of the debt or the status of the debt, the threat litigation.
• A debt collector giving false credit information about you to anyone, including a credit bureau.
• Debt collectors may not engage in unfair practices when they try to collect a debt such as collecting an amount that is greater than your debt, unless your state law permits such a charge; deposit a post-dated check early or use deception to make you accept collect calls or pay for telegrams; take, or threaten to take your property unless this can be done legally, or contact you by postcard.
• If you believe a debt collector has violated the law, you should contact our office for a consultation as to filing a law suit in state or federal court. The time frame to file a claim under the Fair Debt Collection Practices Act is one year from the date the law was violated. You may recover damages for what you suffered, plus court costs and attorney’s fees. If you feel you have a legitimate claim against a creditor or debt collector, please contact us for a consultation. All consultations may take place in person or by phone.
This is a list of just some things which debt collectors CANNOT do:
• They cannot call you before 8:00 am or after 9:00 pm.
• They cannot call you at work after being verbally or in writing told that it is not acceptable.
• They cannot contact a consumer known to be represented by an attorney.
• They cannot continue to contact you after being advised in writing of a request for verification of a debt until they provide you with the verification.
• They cannot misrepresent the debt or use deception to collect the debt; For example, they cannot misrepresent that they are an attorney or law enforcement officer or give you the wrong amount of the debt.
• They cannot publish your name on a “bad debt list”.
• They cannot seek unjustified amounts of money which is not permitted under the contract or under the law.
• They cannot use abusive or profane language.
• They cannot threaten arrest or legal action that is either not permitted or not actually contemplated.
• They cannot discuss the nature of the debt with third parties [other than an attorney for the consumer or spouse] and they cannot threaten to do so.
• They cannot use forms of embarrassing media – such as a postcard for all to see.
• They cannot report false information on your credit report, or threaten to do so in the process of collection [See our section under the Fair Credit Reporting Act]
This is a list of just some of the things debt collectors MUST do:
• They must identify themselves and notify the consumer in every communication, that they are a debt collector, and that information received will be used to effect collection of the debt.
• They must notify the consumer of the right to dispute the debt, in part or in full, with the debt collector. There is a 30 day validation notice which must be sent by the debt collector within 5 days of the initial communication with the consumer.
• They must give the name and address of the original creditor if the consumer makes a written request of same within 30 days of receiving the validation notice or cease collection activity.
• They must provide verification of the debt if the consumer requests it in writing within 30 days of the validation notice or cease collection activity. Disputes during this period must be reported to the credit reporting agencies.
• Any lawsuit must be filed only where the consumer lives or where the contract was signed.