The Fair Debt Collection Practices Act is a law that was created to makes sure that consumers are protected from unethical debt collectors that try to harass or threaten consumers when they owe a debt.
Every consumer in the country is covered by the FDCPA and most states, including West Virginia, have additional laws that regulate what debt collector can and can’t do when they are trying to collect a debt.
If a debt collector violates the protections in these laws you can file a suit against them to collect damages. Knowing your rights and the protections granted by the FDCPA and the West Virginia debt collection practices laws is the best way to stop debt collectors from harassing you.
FDCPA Laws in West Virginia
In addition to the protections given to consumers under the Fair Debt Collection Practices Act residents in West Virginia are protected by the state’s West Virginia Consumer Credit and Protection Act which has very strict regulations about what debt collectors can and cannot do when they are trying to collect a debt from someone living in West Virginia.
In West Virginia debt collectors have only five years to collect on an alleged debt. New restrictions added to the WVCCPA in 2017 give consumers even more protection from debt collection practices that are intrusive or could be considered harassment.
Creditor Harassment Protected Under FDCPA And West Virginia Collection Laws
West Virginia is a one-party consent state which means that you can record any call with a debt collector without getting their permission. It’s always a good idea to record a call with a debt collector, especially if they have been abusive or threatening in the past, so that you can proof they violated the FDCPA and the WVCCPA.
The restrictions on debt collectors are very clear and they say that debt collectors cannot do things like:
- Call you before 8 AM or after 9 PM. There are also restrictions on the number of times they can call in a day and in a week. They are not allowed to harass you with an extreme amount of phone calls.
- Talk to your boss about your debt. A debt collector cannot tell any third party including your boss, your friends, or your family that you owe a debt. They can call and ask for you but they cannot say name the debt collection agency they work for or say that you owe a debt to anyone.
- Send you mail indication that you owe a debt. Debt collectors can’t send postcards or letters with envelopes that say you owe a debt on them. All correspondence must be neutral and must not contain any mention of debt.
Work With An Attorney Today
If debt collectors have violated the Fair Debt Collection Practices Act or are harassing you then you should talk to an attorney that has experience dealing with debt collectors right away. There is no reason for you to continue to put up with abusive treatment from debt collectors.
You can file a claim against a debt collector that has violated the FDCPA or the WVCCPA and receive up to $1000 in damages for each individual violation of the consumer protection laws. An attorney can guide you through the process of submitting a claim against a debt collection agency.