You Don’t Have to Put Up with Creditor Harassment!
Almost everyone experiences financial turmoil at some point, but you should never endure unethical collection practices or unlawful abuse by debt collectors. There are laws in place to protect honest consumers from predatory creditors and debt collectors.
The Fair Debt Collection Practices Act (FDCPA) was passed by congress in 1977 to protect innocent people, like you, from abuse through unfair debt collection practices. Regardless of the debt you allegedly owe, it is always illegal for third-party debt collectors to use abusive, unfair, or deceptive practices to collect debts.
FDCPA legal representation is completely free regardless of whether you win or lose your case. The burden of payment to the attorney will fall on the debt collector if they are found guilty of a violation. Fill out the form above to speak with a debt harassment attorney for free.
Know Your Rights
Below are collection practices prohibited by the Federal Trade Commission. If you feel a debt collector has violated any of these rules, you may be entitled to damages.
A Debt Collector Violates the FDCPA if They:
- Harass or abuse you: A debt collector cannot use the threat of violence or other criminal means to harm you, your reputation, or your property. They cannot use obscene or profane language. They cannot call you repeatedly, especially with the intent to annoy, abuse, or harass you.
- Contact you at an inconvenient time or place: A third-party collector cannot call you at times they know are inconvenient to you, or after 8 P.M. and before 9 A.M. For example, if you tell a debt collector you’re unavailable on the weekends, they cannot call you on Sundays.
- Inform your coworkers or boss about a debt: If a debt collector contacts you at work, he or she cannot say that he’s calling on behalf of a debt. Any notification of your debt at work is an FDCPA violation.
- Make false or misleading representations of themselves: A debt collector cannot falsely imply they work for any U.S. or State agency, law enforcement agency, or falsely claim to be an attorney. This includes wearing the badge or uniform of a government official or attorney, as well as sending any communication, such as a piece of mail, which may be interpreted as being sent by a government office or law office.
- Make false or misleading statements about your debt: A debt collector cannot mischaracterize the character, amount, or legal status of any debt. Third-party collection agencies can never “add on” additional fees to your original debt. They also cannot try to collect a debt which has already been paid.
- Falsely threaten to garnish wages, seize property or bring you to court: A debt collector cannot threaten you with wage garnishment or threaten to seize your property without a court order to do so. They also cannot threaten you with a lawsuit unless they intend to bring you to court. Lastly, they cannot imply that you committed a crime or threaten to report you to law enforcement.
- Reveal they are a debt collector to anyone but the debtor: A debt collector cannot call a family member, your work, or any person besides a spouse or your lawyer and reveal your debt or sensitive information. Revealing sensitive information to an uninvolved third party is a violation of FDCPA.
- Fail to send you written notice of your debt within five days of contacting you: A debt collect must send you written validation of your debt within five days of contacting you, or they will be in violation of FDCPA. This statement must contain all correct information including having the correct name of the debtor and the correct amount of debt you allegedly owe.
If you feel a third-party collection agency or collection office may be using unethical practices in order to collect on a debt, you should set up a free consultation with a debt harassment attorney by filling out the form above.
(Source: ftc.gov)