To make consumer debt collection practices fair, the Fair Debt Collection Practices Act (FDCPA) was enacted. This law is very specific in how that it limits third-party debt collectors' actions and behaviors. It provides for how a debt must be clarified and how a debtor can challenge a debt's validity.
According to the FDCPA, a third-party debt collector is an organization or individual who attempts to collect debts for another party or entity. The Act restricts how often the collector can contact the debtor as well as the hours that contact can be made. If you have been the victim of a debt collector violating the FDCPA in Idaho, you could be eligible to seek damages from the debt collector by civil suit.
You should consult with an Idaho FDCPA attorney to get the help you need and to stop the phone calls in their tracks.
Idaho FDCPA Laws and How They Work
Residents of Idaho are protected by the FDCPA as well as Idaho's collection agency law. Both laws were created to prevent deceptive and unfair collection practices. While the Idaho law doesn’t apply to every kind of debt collector, it does require that those to which it does apply be licensed and to steer clear of deceptive practices.
According to the Idaho law, those who must be licensed include any company or person collecting debts for others, collection agencies, companies collecting their own debts if the debts were bought from another company while delinquent, and credit counseling or credit repair companies. Those who are exempt from the Idaho law include attorneys, banks, mortgage companies, escrow companies, telephone companies, and billing services. Idaho's law doesn't apply to the original creditor.
Differences in the General FDCPA and Idaho FDCPA Laws
While the FDCPA says that debt collectors cannot be deceptive or mislead the consumers, Idaho's law is a bit more specific in what the state considers to be deceptive and misleading. Specifically, the state law indicates that debt collectors must practice honest and fair dealing, which means they cannot make any false statements.
They cannot make false impressions that they are connected to the government or send documents that give that impression. In addition, the state law says that a debt collector cannot attempt to collect unauthorized fees, which were not permitted by the original contract or as permissible by law. Fake court documents are not allowed either, so the collector cannot send you documents that appear as though they were legally approved by a court when they were not.
Consult with an FDCPA Attorney
If you are a resident of Idaho who has been the victim of a debt collector who has violated the FDCPA or state laws pertaining to debt collection, you should consult with an Idaho FDCPA attorney. An attorney can file civil action on your behalf and you could be awarded up to $1,000 for damages. Your FDCPA attorney will also stop the phone calls and harassment. Schedule a consultation today!