Fair Debt Collection Practices Act

Fair Debt Collection Practices Act
April 12, 2017 Jacob Simon

What is FDCPA mean?

The Fair Debt Collection Practices Act (“FDCPA”) protects consumers, and promotes the ethical practice of debt collecting. Simply stated, the law requires debt collectors to obey the law. Debt collectors cannot harass, they cannot threaten bodily injury or harm, they cannot disregard rules of courts.

The FDCPA was enacted over 25 years ago in response to abusive conduct by collection agencies, and concern that these abuses were among the leading causes of an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies seeking to collect legitimate debts, while providing protections and remedies for consumers.

Yet, despite this law some debt collectors, either willfully or simply out of their own ignorance of the law repeatedly engage in unlawful and at times abusive collection practices.

Congress did not pass this law so it could be brazenly ignored. It passed this important law with the expectation that debt collectors would obey it, and if they did not, they would have to answer for their actions in a court of law.

Violations of the Fair Debt Collection Practices Act

We take violations of the FDCPA seriously by going after the debt collectors who try and make consumer’s lives miserable. Our aggressive policy towards unfair debt collection benefits ours clients in two ways:

  • Your rights are protected and enforced. If a debt collector violates the act, we can file suit to enforce your rights and obtain damages;
  • You can obtain extra money that can be used to pay honest creditors.

Even if you still wish to file bankruptcy, we can pursue these claims for the benefit of your bankruptcy trustee, and ultimately, your honest and law-abiding creditors.

What are some examples of violations?

Examples of violations include but are not limited to the following:

  • Collectors calling at inconvenient times or places, such as before 8 a.m. or after 9 p.m.;
  • Calling at work if the collector knows that the employer disapproves of such contacts, or continuing to do so after you have asked them to stop;
  • The collectors use of obscene language;
  • The collector repeatedly uses the telephone to annoy, such calling several times a day;
  • The collector makes false or misleading statements or writings, such as falsely implying that they are a law firm or government representative, that a crime has been committed, or that they represent a credit bureau;
  • The collector threatens arrest if the debt is not paid;
  • The collector uses documents that look like an official document from a court or government agency when it is not; The collector uses a false name (such as “Mr. Green”);
  • The collector uses postcards;
  • The collector offers to settle the debt, accepts the payment, and then reneges on the settlement (such as by demanding more money);
  • Collectors calling a relative and telling the relative about the debt;
  • Collectors asking the relative to pay the debt to help the relative out.

Your Rights and Remedies

If you suspect that you have been the victim of an unlawful attempt at debt collection, contact Simon Law. We evaluate each case on an individuals basis and the consultation is free.