The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted in 1978. The law renders unfair, unfounded, and abusive debt collection tactics unlawful, thus protecting you and your loved ones from the various harassing and fear-inducing tactics employed by most debt collection organizations to collect debt. FDCPA violations are not permitted on the part of your debt collector.
The FDCPA regulates how the representative of a debt collection organization is allowed to speak to you, when they may contact you, how they may contact you, and gives you the right to dispute the debt; forcing the debt collection organization to prove that the debt in question is not only the correct amount but owed by you as well.
FCDPA Violations you should not ignore
Is your debt collector calling you ceaselessly? Have they threated to cease your property or garnish your wages? Do they call you too early in the day or too late at night when you’re already in bed?
If you are dealing with a less-than-pleasant debt collector, contact a lawyer on (877) 700-5790 immediately you notice any of the signs below:
- Call a qualified lawyer on (877) 700-5790 if debt collectors call you repeatedly or ceaselessly
- Call a qualified lawyer on (877) 700-5790 if debt collectors call you before 8:00 am or after 9:00 pm.
- Call a qualified lawyer on (877) 700-5790 if your debt collectors are rude or hurl offensive, obscene, profane, or abusive words at you.
- Call a qualified lawyer on (877) 700-5790 if debt collectors demand that you pay interest, fees, or any other expenses that are not stipulated by law. Such fees include any extra fees other than your original credit or loan agreement.
- Call a qualified lawyer on (877) 700-5790 if your debt collector asks you to pay an amount in excess of what you owe.
- Call a qualified lawyer on (877) 700-5790 if your debt collector threatens to sue you, harm you, or destroy your credit. Making such threats is unlawful and an act of harassment.
- Call a qualified lawyer on (877) 700-5790 if your debt collector has failed to notify you of your right to dispute the debt.
- Information about your debt is to be kept within relevant authorities; call a qualified lawyer on (877) 700-5790 if debt collectors illegally inform a third party (other than your spouse, parents, attorney or co-signor) about your debt.
- Call a qualified lawyer on (877) 700-5790 if your debt collector publicizes your name or that of any other of their debtors.
- Call a qualified lawyer on (877) 700-5790 if your debt collectors fail to identify themselves as a debt collector and to state that all information will be used to collect the debt
- Call a qualified lawyer on (877) 700-5790 if your debt collector ignores your request not to be contacted further.
- Call a qualified lawyer on (877) 700-5790 if your debt collector claims that they’re from a credit bureau.
- Call a qualified lawyer on (877) 700-5790 if your debt collector leads you to believe that they are a government representative by wearing a uniform or showing you a badge
Additionally, a debt collection organization must send you a written statement within 5 days, counting from the date of initial contact. This statement must contain:
- The name of your creditor.
- The amount of your alleged debt.
- Information about your right to dispute the debt within 30 days
If you choose to dispute the debt, the debt collection agency must send you a verification proving that the loan amount stated is correct and indeed yours.
FDCPA Mini Miranda
In the initial communication that a Debt Collection agency has with you, they are expected to give you the full mini Miranda. The mini Miranda is a statement said by a debt collector to a consumer at the commencement of contact. It eliminates any confusion, unawareness, and false pretense by making the consumer aware that the caller is a debt collector and that any information obtained may be used for that purpose.
Multiple debts under the FDCPA
In accordance with your FDCPA rights, you are allowed to make payment on only one debt even if you owe many. The debt collection agency responsible for handling your payments must then take that payment and apply it to the specified debt. They are not permitted to apply it to another debt or spread it across a number of debts.
Who is protected by the FDCPA?
The FDCPA exists to protect the right of consumers through the debt collection process. The Act defines a consumer as a “natural person.” This implies that only personal loans, and not business loans are covered and protected by the FDCPA. The act further applies only to third-party debt collectors and not original creditors.
How can we help you today?
The law permits you to sue any debt collection agency guilty of FDCPA violations. The FDCPA allows you to recover actual damages, statutory damages up to $1,000, court costs, and attorney fees. If you are a class representative (a person who sues a debt collection agency on behalf of a group of individuals with common claims), you are entitled to an amount (not exceeding $500,000 or 1% of the debt collection agency’s net worth) the court allows for the class, in addition to the previously stated damages.
Why wallow in your case of debt collection harassment? Call us now on (877) 700-5790, or leave your details in the form above and we will contact you within 24 hours.