February 21, 2011
Stop Creditors with the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a federal statue which applies to any person or company that regularly collects the debts of another. Employees of debt collection and debt buyer agencies must comply with the FDCPA. Law firms and lawyers must comply with the FDCPA, if they regularly engage in debt collection activities.
The FDCPA protect consumers by strictly prohibiting certain actions of debt collectors. The FDCPA prohibit debt collectors from using any form of harassment or abuse while attempting to collect. They cannot threaten violence against the debtor, their reputation, or their property. They cannot use obscene racial or profane language when communicating with the debtor. Collection agencies and their collectors cannot publish any kind of listing of consumers that have not paid debt, except to a consumer bureau. The Act also, require collectors to identify themselves and not trick the comsumer. There are many other actions that FDCPA prohibit creditors from doing.
Debt collectors who violates the FDCPA should be reported to the nearest office of the Federal Trade Commission. Also, an aggrieved party can file a federal or state lawsuit against the debt collector for violation of the law. However, usually you have to file the lawsuit within 1 year of the violation to recover the actual damages. One can also recover up to a $1,000 in an individual lawsuit or $5,000 in a class-action lawsuit for each violation, plus attorney fees and costs.
Debt collectors use many different strategies to force you pay them before pay any other debt, even if its not in your best interest. Despite the pressure you might receive never agree to pay a debt collector if you need to pay other, more important debts first.
If you feel a debt collector has used techniques such as harassment, abuse, and misrepresentation, you should consider contacting an attorney. Most attorneys will provide a free and confidential consultation. They will help you understand your options and give you unbiased advice.
Find out more about FDCPA. helpful legal information
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