A 2012 Huffington Post article reported that graduate student Jam Yoder of Illinois, who accumulated $100,000 in student loan debt, committed suicide through nitrogen asphyxiation. There are many other similar circumstances where debts push an individual to do unreasonable things.
More so, if they are constantly pursued by abusive debt collectors whose tactics go beyond appropriate. This should not happen since debtors are protected by the Fair Debt Collection Practices Act (FDCPA) from such unfair practices.
Federal FDCPA and Illinois FDCPA
In Illinois, not only is the national FDCPA law put in force but other equally tough local statutes are implemented to make sure its consumers can invoke their rights against debt collectors who will go beyond their legal bounds.
The Illinois FDCPA is an identical state-level law that prohibits collecting agencies from conducting acts which can be rendered harassing, unfair, misleading and intrusive, to name a few. It does not stop there since Illinois has two other existing laws that complement the FDCPA law.
Illinois Collection Agency Act (ICAA)
The ICAA regulates how collectors communicate and contact borrowers and requires collection agencies to get a license to be able to legally do their work. This is why this law refers to them as “licensees.”
During the first contact, the collector should inform you how much is owed, who the creditor of the debt is and provide you with notice that you may dispute the debt. The other communication restrictions imposed by the ICAA on collectors are as follows:
- Frequent calls deemed annoying;
- Telling a third party about your debt;
- Communicating with you at an inconvenient time and place;
- Mailing you with markings indicating it came from a collecting agency; and,
- Continues to contact you despite your request not to.
Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA)
Another legislation within Illinois that protects consumers from inappropriate conduct of collecting agencies is the ICFA. This law determines illegally deceptive practices in businesses and offers debtors, traders and other consumers with remedies for damages due to deception and fraud.
This Illinois law covers issues on products and services of commercial activities, such as those in repair industries, auto sales, repossession, etc. Violation of the ICFA can lead to civil and criminal penalties.
Given the number of applicable laws and regulations that you can invoke against debt collectors who violate your rights, it is easier to let an FDCPA attorney in Illinois to handle your affairs to ensure proper application of the laws and what claims to initiate.
Statutes of Limitations and How an Illinois FDCPA Attorney Can Help
There is a statute of limitation set by law which dictates the period of time that a creditor can file a case against you for failure to pay your debts. Beyond this time, you no longer need to fear being sued.
This statute of limitation differs from state to state and in Illinois, the original statute of limitation for orally obtained contracts is 5 years and 10 years for credit card debts, promissory notes and debts based on written contracts.
However, the ruling of Illinois’ Court of Appeals in 2009 in Portfolio Acquisitions, L.L.C. v. Feltman changed the statute of limitation for credit card debts to only 5 years. This decision is quite relevant in the state’s FDCPA lawsuits.
An Illinois FDCPA attorney is the best person to guide you through these statutes to let you know if your debt applies to them.
Dealings with debt collectors are legal transactions that should be carefully handled to make sure everything is done according to law.
An FDCPA attorney in Illinois is an expert who may not only help you communicate with collection agencies about your debt but also assist you in going after them if they turn abusive, disrespectful and harassing. An Illinois FCDPA attorney can be referred to you whether you are a resident of Chicago, Rockford or Rosemont.
Get a Free Evaluation
A Free Evaluation can be provided to you to inform you about these laws and which ones are most applicable to your situation. If a claim is necessary, an Illinois FDCPA attorney can immediately be connected to you to help you get the compensation you deserve.