The Fair Debt Collection Practices Act was created to protect people from being harassed by creditors. This act regulates what debt collectors can do in an attempt to collect a debt. According to the FDCPA debt collectors can’t do things like harass you, call you repeatedly, or call you very early or very late at night.
The FDCPA also allows consumers to file for damages if debt collection companies break any of the rules that are listed in the act. If a debt collector harasses you, is rude to you, or contacts you after you tell them to stop you may be entitled to damages.
Some states like Oregon have additional protections for people who are being pursued by debt collectors.
FDCPA Laws in Oregon
The Fair Debt Collection Practices Act is a law that must be followed in every state nationwide. All debt collectors must adhere to the code of conduct listed in the FDCPA. However there are also additional rules that they must follow in Oregon that were created to protect consumers from bad behavior by debt collectors.
Oregon has a law called the Unlawful Debt Collection Practices Act. This law states that debt collectors cannot call you at work unless they have unable to reach you at home and they cannot call you at work more than once a week.
They also cannot use abusive or obscene language or threaten you in order to collect a debt. The statute of limitations for debt in Oregon is six years, so if a creditor hasn’t filed for a legal judgement on a debt within six years of the debt’s occurrence they cannot collect on that debt.
Creditor Harassment Protected under FDCPA + Oregon Collection Laws
The law is very clear when it comes to how debt collectors can attempt to collect a debt. Many debt collectors count on consumers not knowing their rights in order to try and collect a debt.
Under the FDCPA and the Unlawful Debt Collection Practices Act in Oregon debt collectors trying to contact consumers in Oregon must obey the restrictions created in these laws. Any debt collector must:
- Not call consumers before 8 AM or after 9 PM
- Not contact you once you have told them you are represented by an attorney
- Not talk about your debt to any third party or put your name on a “bad debt” list
Work With An Attorney Today
Dealing with debt collectors can be difficult for consumers. Debt collectors know that and try to take advantage of that. If you have been harassed by a debt collector or if a debt collector trying to contact you has violated Oregon’s debt collection practice law or the FDCPA you should talk to an attorney that specializes in consumer debt cases.
You could be eligible to receive damages up to $1000 for every violation of the state and national debt collection practices laws that the debt collector is responsible for. Talk to an attorney that knows consumer rights and that attorney can help you navigate the process of filing a claim for damages against a debt collector.
Additional Resources