The following information is solely provided to give you a general idea of the law under The Fair Debt Collection Practices Act. If after reading the information below, you believe you need a lawyer or need further information please contact our office for a free consultation.
If you have been harassed by a debt collector, chances are that they have violated the Fair Debt Collection Practices Act (FDCPA). This is a Federal statute that protects consumers from the harassment of debt collectors.
What is a debt collector?
A debt collector is a company that has been retained by the original creditor such as a credit card company, utility provider or loan company to collect an outstanding debt. Sometimes these debt collectors purchase these debts for pennies on the dollar and begin sending letters and making phone calls in an attempt to collect some of the amount owed by you.
The services they provide are legitimate under the law. However, their practices many times go beyond decency and on many occasions violate the FDCPA. Some of the typical violations that we have filed suit on behalf of claimants include the use of harassing language, such as cursing, making vulgar remarks, derogatory references regarding their race. In some instances, the debt collector’s agent who is on the phone discussing the account with the debtor will allege that if the money that is owed is not paid, the police will come to their home and confiscate their items until the debt is paid or the debtor will soon be taken to jail.
This is simply not true and there are no provisions that allow for such actions by a debt collector. Any such actions taken by the debt collector is another violation of the FDCPA. Also, some letters that the debt collectors send out violate the FDCPA by not providing the proper language that is required under the statute. If you have received a confusing letter from a debt collector, it may violate the FDCPA. We file these types of cases regularly in Federal Court and if you have suffered damages, you are entitled to recover a monetary award under the statue.
If any of the actions described here have happened to you, or you feel a debt collector is committing a violation, please feel free to contact us to discuss your claim.