A federally enacted law, the Federal Debt Collection Practices Act (FDCPA) was created as a way to oversee consumer debt collection practices while ensuring they are fair. It was created to make sure that consumer debtors are not mistreated.
The FDCPA provides clear instructions regarding how debts are to be verified and how consumers can dispute the validity of debts. The law specifies what time of the day collectors can call as well as the frequency of contact that is permitted. If you have been the victim of a debt collector who does not adhere to the FDCPA in Iowa, you could be eligible for $1,000 or more in damages.
You should consult with an Iowa FDCPA attorney so you can stop the collection calls and get control of the situation.
Iowa FDCPA Laws and How They Work
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While the FDCPA protects consumers in all states, many states enact additional laws to add to the protection their residents receive. In Iowa, the Iowa Debt Collection Practices Act (IDCPA) was made applicable to debt collectors, creditors, and debt collecting agencies in an effort to prohibit collection behavior that is deceptive or abusive.
Another law enacted in the state, the Iowa Consumer Credit Code (ICCC), prohibits any collectors using collection practices that are deceptive or misleading. The IDCPA is very similar to the FDCPA in how it applies to collection agencies, debt collectors, and creditors. The IDCPA regulates how the person collecting the debt can get information to determine the debtor’s location, restricts how the collector can discuss information regarding the debt with the debtor, and regulates the location, time, and place of how a collector can contact the debtor.
Differences in the FDCPA and the Iowa FDCPA Laws
While both the FDCPA and IDCPA laws have similarities, there are also differences. Both laws prohibit debt collecting practices that are deceptive or misleading, but the IDCPA is very specific it how it defines inappropriate actions. The IDCPA states that the debt collector cannot make “illegal threats, coerce, or attempt to coerce in collecting debt.”
The law specifically states that the debt collector cannot threaten violence to harm a person’s reputation, property, or the person himself. It also states that the debt collector cannot make false allegations about the amount of the debt or its status. State law also prohibits saying that failure to pay the debt will result in seizure of property, a criminal arrest, garnishment, attachment, or sale of property or wages of the debtor. The FDCPA is not as specific when it indicates prohibited behavior in the collections process.
Consult with an FDCPA Attorney
If you have been mistreated by a debt collector in Iowa, you should consult with an Iowa FDCPA attorney. An attorney can proceed with a civil suit on your behalf where you could be awarded up to $1,000 in damages because of debt collectors violating the FDCPA. Your FDCPA attorney can also make sure the harassment stops and that you are no longer called by the debt collector. Schedule your consultation with an FDCPA attorney today.