Fair Debt Collection Practices Act - The Law Office of Todd J Clark, PLLC

Know Your Rights: Protections Under the FDCPA

Dealing with debt can be overwhelming, but it’s important to know that you have rights regarding how debt collectors interact with you. The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from abusive, unfair, and deceptive practices by debt collectors.

Here’s how your rights can be violated and the protections you have under the FDCPA:

Common Violations by Debt Collectors

1. Harassment

a. Repeated phone calls intended to annoy, abuse, or harass you.
b. Use of obscene or profane language.
c. Threats of violence or harm.

2. False or Misleading Representations

a. Misrepresenting the amount you owe.
b. Falsely claiming to be an attorney or government representative.
c. Threatening legal action that they cannot or do not intend to take.

3. Unfair Practices

a. Collecting an amount greater than what is owed unless permitted by law.
b. Depositing a post-dated check prematurely.
c. Using deceptive means to collect a debt, such as sending fake legal documents.

4. Improper Communication

a. Contacting you at inconvenient times (e.g., before 8 a.m. or after 9 p.m.) unless
you agree.
b. Communicating with you at work if you’ve informed them that your employer
disapproves.
c. Discussing your debt with third parties, except your attorney, spouse, or credit
reporting agency.

Your Protections Under the FDCPA

1. Right to Validation of Debt

a. You have the right to request validation of the debt. Debt collectors must provide
proof that you owe the debt.

2. Right to Dispute the Debt

a. You can dispute the debt in writing within 30 days of receiving the initial
communication from the debt collector.

3. Right to Cease Communication

a. You can send a written request to the debt collector to stop contacting you. After
receiving your request, the collector can only contact you to confirm they will stop
their efforts or to inform you of specific legal actions they intend to take.

4. Right to Fair Treatment

a. You are entitled to be treated with respect and without harassment, abuse, or
threats.

5. Right to Sue for Violations

a. If a debt collector violates your rights under the FDCPA, you have the right to sue
them in state or federal court within one year from the violation date. You may be
entitled to damages for any harm suffered, as well as attorney’s fees and court
costs.

EXPERT LAWYER

As a seasoned consumer law attorney, I am dedicated to defending your rights against unscrupulous debt collectors.

FAST SUPPORT:

If you believe your rights have been violated, I will assist and (1) conduct a thorough review of your case to identify any FDCPA violations, (2) communicate directly with debt collectors on your behalf to ensure compliance with the law, (3) file lawsuits against offending debt collectors to seek compensation for any damages you’ve incurred, and (4) provide expert legal representation throughout the entire process, advocating for your rights and interests.

OUR PROMISE

Don’t let debt collectors intimidate or harass you. Contact me today for a consultation to discuss your situation and explore your options. Together, we can hold debt collectors accountable and ensure you receive the protections you deserve under the FDCPA.

Frequently Asked Questions.

What is the Fair Debt Collection Practices Act (FDCPA)?

Ans: The FDCPA is a federal law that protects consumers from abusive and deceptive debt collection practices.

What rights do I have under the FDCPA?

Ans: The FDCPA gives you the right to request validation of the debt, dispute the debt, and prevent debt collectors from engaging in harassing or unfair practices.

How can a debt collector contact me under the FDCPA?

Ans: Debt collectors can only contact you between the hours of 8 a.m. and 9 p.m., and they cannot contact you at work if they know your employer disapproves.

What damages can consumers recover for FCRA violations?

Ans: Consumers may be entitled to actual damages,statutory damages,punitive damages,and attorney's fees for FCRA violations.

What can I do if a debt collector violates the FDCPA?

Ans: If a debt collector violates the FDCPA, you may be entitled to damages, including actual damages, statutory damages, and attorney's fees.

How can a consumer law attorney help me with FDCPA violations?

Ans: A consumer law attorney can help you understand your rights under the FDCPA, negotiate withdebt collectors on your behalf, and pursue legal action if your rights have been violated.