violations of the fdcpa

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:

  • Harassment;
  • 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.


Debt Collection Defense Attorney: Are you being sued by Midland Credit Management or Midland Funding?

Are you being sued by Midland Credit Management?

Are you being sued by Midland Credit Management or Midland Funding?

Midland Credit Management (MCM) and Midland Funding lawsuits can be intimidating and financially devastating. You need a Debt Collection Defense Attorney, Diwan Law, on your side.

What is Midland Credit Management and Midland Funding?

Midland Credit Management (MCM) and Midland Funding lawsuits can be intimidating and financially devastating. You need a Debt Collection Defense Attorney, Diwan Law, on your side.

Midland Credit Management and Midland Funding are debt collection agencies. Debt collectors buy delinquent accounts from banks, credit unions, consumer finance companies, hospitals, auto finance companies, and telecommunication companies.

When a person falls behind on credit card or car payments, he or she will receive a non-stop string of calls and letters from debt collectors, such as Midland Credit Management or Midland Funding.

If you ignore those calls and letters long enough, the debt collector will hire a lawyer who will send you an attorney collection letter.

A debt collection attorney’s collection letter is the last step before the collection agency files a lawsuit against an individual.

Many people think debt buyers, like Midland Credit Management and Midland Funding, prefer to avoid lawsuits because it requires them to pay lawyers and incur litigation costs. This is not true. If this were true, credit card lawsuits would be far less common than is the case.

What to do if you are being sued by Midland Credit Management or Midland Funding 

You need to respond quickly when a debt collection company serves you with a lawsuit. The worst response is to do nothing. If you do not respond to the lawsuit, the debt collector may get a default judgment against you. Besides obtaining a judgment for the principal, the debt collector may be awarded attorney’s fees for the collection of the judgment.

Armed with the default judgment, the debt collection company can garnish your wages and bank accounts. What’s worse is that the judgment continues to accrue interest as the balance remains unpaid.

Before accepting a judgment against you, speak with a Debt Defense Lawyer

A collections defense attorney will explain your rights and the legal process, such as how long you have to answer the lawsuit, the proven defenses, and the impact of a judgment.

Contact Diwan Law

Our law firm is experienced in debt collection law and has an established record of protecting consumer’s rights and explaining your options to you when a company like Midland Funding or Midland Credit Management sues you. No matter where you are in the collection process, you deserve to know your rights and what to expect. Give us a call at 404.635.6883.

Debt Collection Defense: Violations of the FDCPA

Consumer Rights Attorney: Violations of the FDCPA

If you have been one of the many victims of unlawful debt collection practices, then an experienced consumer rights attorney can protect your rights. Contact Diwan Law today at 404-635-6883 to schedule your consultation to discuss these violations of the FDCPA.

Protection from Unlawful Debt Collection Practices

Debt Collection agencies often employ persistent and overly aggressive tactics when attempting to collect outstanding debts. Many of these tactics are against the law.

Consumer protection statutes prohibit such behavior and allow for the recovery of damages and attorney fees.

The Fair Debt Collection Practices Act [“FDCPA”] specifically prevents these abusive debt collection practices.

Violations of the FDCPA

The Fair Debt Collection Practices Act regulates debt collection practices. It prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

Examples of the types of consumer debt covered by the FDCPA:

  • Mortgages
  • Credit cards debt
  • Medical debts
  • Car loans

Courts measure violations of the FDCPA by an objective standard called the “least sophisticated consumer” standard. See Jeter v Credit Bureau Inc., 754 F.2d 907, 913 (11th Cir., 1985).

FDCPA Restrictions on communications by debt collectors with Consumers when collecting a debt

  • Time and placedebt collectors may not contact you at an unusual time or place. [Generally speaking, they are prohibited from contacting consumers before 8 a.m. or after 9 p.m.]
  • Harassment- Debt collectors may not harass you over the phone or through any other form of contact.
  • Representation by an attorney- A debt collector may not contact you if a lawyer is representing you.

Examples of FDCPA violations in collections lawsuits

  • Prosecuting a Lawsuit Against A Consumer After the Statute of Limitations Expires

Continuing to prosecute a time-barred claim is a violation of the FDCPA’s prohibition against making false and misleading claims about the debt’s legal status. Fair Debt Collection Practices Act, 15 U.S.C. §1692e.

  • False and Misleading Statements About the Amount Owed

It is a violation of the FDCPA’s to file a lawsuit against a consumer for more than is owed. This action is a direct violation of the FDCPA’s prohibition against false or misleading statements. 15 U.S.C. § 1692e.

If you believe that an abusive debt collector has violated your consumer rights, then Diwan Law can help you. Contact us today at 404-635-6883 to learn more.

Atlanta Street Racing

Atlanta Illegal Street Racing

Governor Brian Kemp signed a bill on Monday that attempts to stem the tide of illegal street racing in Atlanta. According to the AJC, there is a troubling trend of street racing that has led to an increasing number of complaints in Atlanta since the start of the coronavirus pandemic.

It is part of a larger effort across Georgia to suppress illegal street racing, which could encompass a wide range of crimes: dangerous driving in parking lots, chases down highways or quiet roads, stunts in parking decks or busy intersections in front of large crowds.

Atlanta Illegal Street Racing

Racing is already illegal under Georgia law. As outlined in O.C.G.A. (b) § 40-6-186, “[n]o person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed.”

Under this code section, anyone convicted of this violation is guilty of a misdemeanor, which the court may impose a sentence that includes a fine of up to $1,000.00, up to 12 months in jail, or both.

The Bill seeks to amend the Georgia code by making it illegal for “[a]ny person who knowingly promotes or organizes an exhibition of illegal drag racing, in violation of Code Section 40-6-186, or of laying drags, in violation of Code Section 40-6-251. If found guilty, the person shall be guilty of a misdemeanor of a high and aggravated nature.

The Bill also calls for the driver’s license of any person convicted of reckless stunt driving to be suspended.

Contact an experienced Atlanta traffic lawyer to discuss this and all your rights. Diwan Law will appear in court on your behalf and develop a strategic defense to your charges.

As an experienced traffic ticket attorney, Diwan law can guide your case through Atlanta Municipal Court or the Fulton County State Court system.

Call Diwan Law at 404.635.6883 to discuss your case today.