The Fair Debt Collection Practice Act (FDCPA) was enacted on the federal level to protect American consumers from the deceptive practices of debt collectors. The FDCPA calls for harsh penalties against debt collectors who violate the regulations and laws established by the Act.
The FDCPA establishes how and when debt collectors can contact you, who they can reveal information about your account to, and how they must identify themselves and verify your debt.
If a debt collector is trying to collect a debt that you don’t believe you owe, or if you believe the amount is wrong, you can request verification of the debt in writing. The collection agency must respond to your request within 30 days with documentation supporting their claims.
What is Wrongful Debt Collection?
Wrongful debt collection occurs when a collection agency begins contacting you to recover a debt that you do not owe. When a debt collector contacts you, they must identify themselves and tell you what debt they are collecting and the amount of the debt.
You can request for verification of the debt. This request is done in writing. You should keep a copy of the request and send the letter with delivery confirmation for your records.
If you do not get a satisfactory response with proof of the debt and the original agreement, you can tell the debt collection agency to stop contacting you because the debt is not valid.
If you have proven that you do not owe a debt, and then debt collector then provides information that is wrong to the credit reporting agency, you can sue the debt collection agency for wrongful debt collection.
Debt Collection Practices Cannot Be Deceptive, Or You Can Sue
The FDCPA requires debt collection to be honest and straightforward.
The debt collector cannot lie about the amount of the debt, claim they will sue you for a debt where the statue of limitations for collecting it has expired, or collect a debt that they do not have proof of when it was initiated, how much the debt was for, the past payment history, and the original agreement that shows you are the responsible party.
Also, debt collectors can only call during set hours, cannot threaten you with physical harm or use obscene language, threaten to arrest you, or harass you. Any of these actions are wrongful debt collection practices that violate the FDCPA.
Consult with a Personal Injury Attorney About Your Ability to Sue for Wrongful Debt Collection
If you have been harassed by a debt collector or if you believe a collection agency has violated the FDCPA, you should consult with a FDCPA lawyer.
Your attorney will help you build a strong case against the debt collector and gather up evidence to support your claim. You have nothing at all to lose, so schedule your free case review by an attorney in your state today.
Complete the Free Case Evaluation Form to have your case for wrongful debt collection reviewed.