Common Violations of the Fair Debt Collection Practices Act
Are you being harassed by debt collectors? Contact Diwan Law today at 404-635-6883 to schedule a free consultation to discuss how the Fair Debt Collection Practices Act [FDCPA] can help you.
When you fall behind on your debts, it seems like your creditors will stop at nothing to try to get you to make a payment. Fortunately, Federal law prohibits a wide range of unfair and abusive debt collection activities.
The Fair Debt Collection Practices Act [FDCPA)] protects consumers from harassment and abusive behavior by debt collectors and collection law firms.
If a debt collector violates the FDCPA, consumers may pursue a lawsuit against the collector. If successful, the consumer is entitled to monetary damages, and the debt collector or collection law firm will also be responsible for the customer’s legal fees.
Typical Violations of the FDCPA:
- Verbal abuse;
- Continuing to call a consumer after the customer has told the debt collector to stop;
- Writing or calling the consumer after being notified that a lawyer represents the customer;
- Threatening to report the consumer to the IRS;
- Threatening to have the consumer arrested if he or she does not pay the debt collector;
- Threatening to file a lawsuit against the consumer when none is intended;
- Calling a consumer’s cell phone without permission;
- Placing personal information on an envelope;
- Misrepresenting or inflating the amount of the debt;
- Failing to disclose that the company is a debt collector;
- Contacting a consumer after 9 pm or before 8 am;
- Threatening to take legal action, or sue, on a time-barred or “stale” debt.
If you believe a debt collector has violated the FDCPA, you may be able to take legal action and recover monetary damages. Contact Diwan Law at 404-635-6883 for a free case evaluation.