The Federal Debt Collection Practices Act (FDCPA) was created to establish regulations that enable different legal entities to oversee debt collection practices and to ensure that consumers who owe debts are treated fairly. The FDCPA offers detailed directions regarding the verification of debts and even offers clarification as to how consumers can dispute the validity of debts.
The Act also specifies as to how debt collectors can and cannot go about pursuing debt collection. As an example, the FDCPA indicates that a debt collector cannot call to collect a debt between 9 p.m. and 8 a.m. and the frequency as to which the collector can contact the debtor is limited. If you are a resident of South Carolina was has been a victim of a debt collector violating the FDCPA, you might be entitled to up to $1,000 in damages if you proceed with a civil suit. Stop the harassment of debt collectors by consulting with a South Carolina FDCPA attorney.
South Carolina FDCPA Laws and How They Work
The FDCPA was enacted to protect consumers all across the U.S., but States often enact their own laws to offer additional protection. In South Carolina, you can stop a debt collector from contacting you by writing a letter telling them to stop contacting you. After the debt collector has received the letter, the only other contact you can receive from them is a letter saying they received your notification and there will be no further contact made.
If they intend to take a specific kind of action, such as repossess an item or garnish wages, they can notify you then but it must be done properly.
Differences in FDCPA and the South Carolina Protection Code
The South Carolina Protection Code was designed to "protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors." South Carolina regulations are very similar to the FDCPA, but South Carolina law expands farther in regards to who it considers as a debt collector.
The state law regulates third-party debt collectors and collection agencies, regulators creditors who are collecting in their own names and regulates creditors who are using a fictitious or even a different name. Basically, South Carolina law oversees practically any kind of debt collection.
Consult with a South Carolina FDCPA Attorney
If you are a South Carolina resident who has been dealing with an unscrupulous debt collector who has violated the FDCPA or the South Carolina Protection Code, you should consult with a South Carolina FDCPA attorney. An FDCPA attorney is knowledgeable about all the debt collection laws and stays current on any changes to them.
An attorney can make sure the harassment stops and even file a civil suit on your behalf to seek $1,000 or more for your damages and for the laws being violated by the debt collector. Schedule your initial consultation with a South Carolina FDCPA lawyer today for a consultation.