Our Attorneys are Dedicated to Stopping Debt Collector Abuse. Numerous state and federal laws prevent consumer debtor collector abuse. Consumer debt collectors are entitled to use legitimate means to ensure that people pay their debts, but they cannot abuse people in collection phone calls or in writing. We are not living in the middle ages. Our country abolished debtors' prison. State and federal law requires debt collectors to use legitimate and above board collection means to collect debts. The law provides protection for more than just threats of violence or jail to get debts paid. Debtors have many different rights. Did you know for instance, that consumer debt collectors may not telephone you at work if they know that your employer does not permit such phones calls, or the phone calls are not convenient for you? If you have hired a lawyer and tell the debt collector only to contact your lawyer then they cannot contact you further. Debt collectors cannot try to embarrass or shame you into payment by telling co-workers, or neighbors about your debts. Keep in mind you only have one year in which to sue a debt collector from the date you believe it violated the law. If you do not sue within that time, the law will bar you forever from making a claim. Our lawyers know about the many different types of abusive collection practices which violate the law, and can assist in bringing a lawsuit for actual damages, up to $1000 in statutory damages and attorneys' fees and costs.

The Fair Debt Collection Practices Act (FDCPA) regulates companies in the business of collecting debts from consumers. Under the Fair Debt Collection Practices Act, you can fight back against unfair debt collection practices and debt collector harassment.

Violations of the FDCPA occur with alarming frequency, and are committed by both collection agencies and collection attorneys. The FDCPA prohibits all forms of threats, harassment, deception, lies and unfair practices in collecting debts. If you believe your have received a letter or answering machine message that violates the FDCPA, please contact us and send us copies of any collection letters you receive for our review. You may be entitled to $1000.00 for each violation plus any actual damages. We offer a free confidential consultation with an experienced lawyer.

Below are some prohibitions of the FDCPA. We are providing you with the more common violations of the Act, but the Fair Debt Collection Practices Act encompasses much more than our summary below. You can fight back.

Fair Debt Collections Practices Act (FDCPA): Phony Collection Fees and Interest

The FDCPA prohibits a debt collector from charging you interest, and fees or charges that you did not agree to pay in the original credit agreement. Debt collectors cannot simply make up fees that you didn't agree to pay and then charge you for them.

Fair Debt Collections Practices Act (FDCPA): Harassment and Threats

The FDCPA prohibits a debt collector harassment such as threatening you with harm or violence, or stating they will ruin your reputation just to collect the debt. A debt collector cannot advertise your debt or publish a list of debtors or threaten to do so. A debt collector cannot swear or yell at you, or repeatedly call you on the phone to annoy you, or simply let the phone ring over and over. A debt collector must indentify who they are and tell the truth when collecting the debt. The debt collector cannot use threats to collect the debt. They cannot tell you that the police will arrest you if you do pay up, that they will attach, garnish or seize your property or wages, or sue you, unless they actually intend to do that. They cannot tell you that a lawsuit has been filed against you and will not be dismissed if you don't pay if no suit has been filed.

Fair Debt Collections Practices Act (FDCPA): False and Misleading Statements

The FDCPA prohibits a debt collector from lying to you. A debt collector cannot use false or misleading communications when contacting you about a debt. False and misleading statements may include the following:

• The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
• The false representation of --
  • o the character, amount, or legal status of any debt; or
  • o any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
• The false representation or implication that any individual is an attorney or that any communication is from an attorney.
• The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
• The threat to take any action that cannot legally be taken or that is not intended to be taken.
• The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
  • lose any claim or defense to payment of the debt; or
  • become subject to any practice prohibited by this title.
• The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
• Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
• The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
• The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
• The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
• The false representation or implication that accounts have been turned over to innocent purchasers for value.
• The false representation or implication that documents are legal process.
• The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
• The false representation or implication that documents are not legal process forms or do not require action by the consumer.
• The false representation or implication that a debt collector operates or is employed by a consumer reporting agency.

If you received false and misleading communications from a debt collector, you may be entitled to compensation and attorneys' fees, please schedule a free consultation with one of our consumer rights attorneys to discuss your FDCPA violation by calling us toll free at 1-877-990-4990, or filling out our intake form on our Contact Us page.

Fair Debt Collections Practices Act (FDCPA): Unfair Collection Practices

The FDCPA prohibits a debt collector from using unfair collection practices when attempting to collect a debt a debt. Unfair debt collection practices may include the following:

• The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
• The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
• The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
• Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
• Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
• Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --
  • there is no present right to possession of the property claimed as collateral through an enforceable security interest;
  • there is no present intention to take possession of the property; or
  • the property is exempt by law from such dispossession or disablement.
• Communicating with a consumer regarding a debt by post card.
• Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

There are other ways a debt collector can violate the Fair debt Collection Practices Act. If you believe a debt collector has engaged in unfair debt collection practices, please schedule a free consultation with one of our consumer rights attorneys to discuss your FDCPA violation by calling us toll free at 1-877-990-4990, or filling out our intake form on our Contact Us page.

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