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:
- 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 place–debt 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.