Fair Debt Collection Practice Act

Fair Debt Collection Practice Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. Because of the size of the debt collection industry, violations of the FDCPA are frighteningly common and it is important that consumers are familiar with their rights under this statute. Under the FDCPA, consumers are entitled to statutory damages, actual damages, emotional distress damages and attorney’s fees and costs. There is plenty of incentive for both a consumer and an attorney to take these cases on.

The most common violations include:

• Collecting on accounts that are paid in full or that were previously settled
• Collecting on bogus accounts
• Filing a lawsuit against a consumer without following the proper legal procedures
• Threatening a consumer with legal action without the intention or the ability to take that action
• Calling a consumer excessively with the intention to harass the consumer
• Calling a consumer’s relative
• Contacting the consumer after the consumer requested the collector to cease and desist collection efforts
• Enforcing a wage garnishment or lien for a debt that was already paid or settled
• Calling a consumer before 8 am or after 9 pm
• Failing to properly disclose required statutory language in correspondences with the consumer.

As millions of Americans know first-hand, the country is suffering from a debt-collection headache, with more than 6,000 collection companies relying on often overly aggressive tactics to reclaim past-due payments. Many consumers have never encountered a debt collector. Some may be fearful or reluctant to take a debt collector’s call or read letters about credit card debts they owe. Experts say consumers should face the facts and deal with debt collectors, but also know and understand their rights and protections.

The basic provisions of the law include:

• The right of consumers to sue debt collectors individually or in class actions for violations of the law.
• Protection against harassment, including excessive phone calls, abusive language and threats of violence, harm or arrest.
• Prohibiting disclosure of the existence of debts to others who are not authorized to know about the debts.
• Banning contact with consumers at inconvenient times, such as before 8 a.m. and after 9 p.m.
• Allowing consumers to seek proof that they, in fact, actually owe the money the debt collector wants

Contact Consumer Credit Protectors Today

If you feel you have fallen victim to abusive debt collection practices, you should contact an attorney to help protect your rights. The Lawyers at Consumer Credit Protectors can help determine if you have a case and if you are owed compensation. Contact us today at (312) 909-6089.

• Fair Credit Reporting Act
  • Your Rights Under the FCRA
• Fair Debt Collection Practices Act (FDCPA)
  • Unfair Collection Practices
  • Debt Collection Rights
• Telephone Consumer Protection Act (TCPA)
• Debt Collection Harassment
• Consumer Harassment