The FDCPA is a federal law that limits the behavior and actions of third-party debt collectors. A third-party debt collector is defined as someone who attempts to collect on debt on behalf of another person or entity. The law restricts the means and methods by which collectors can contact debtors, as well as the time of day and number of times contact can be made.
If a third-party debt collector violates the FDCPA, a suit may be brought against the debt collection company and the individual debt collector. This federal law suit must be started within one year of when the activity occurred. The court can award money damages and attorney fees based on what happened.
How can debt collectors violate the FDCPA?
Some of the most common violations are:
Calling before 8 am, after 9 pm, or more than once per day.
Calling a third party more than once to locate you.
Telling anyone else that the collector is trying to collect a debt from you.
Contacting you after you have written to the debt collector asking them not to contact you.
Trying to collect on a debt that is barred due to the Statutes of Limitations or collecting for the wrong amount.
A debt collector calling and not leaving his name and his company when leaving a message on an answering machine.
Threatening to sue you, take your car or furniture, or garnish your wages without explaining that first the creditor must file suit and get a judgment.
Embarrassing you by saying things like: “You are a deadbeat; why don’t you pay your bills, or you are a disgrace”.
Using profane or abusive language, shouting, screaming or getting angry with you.
Threatening you with violence or have you thrown in jail if you do not pay your debt.
You do not have to tolerate creditor harassment. You have rights under the law, and at Martin & Hedervare, we are here to help. We sue debt collectors who violate our client’s rights under the FDCPA. Please contact us for a free consultation regarding your matter.