Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices ActThe Fair Debt Collection Practices Act (“FDCPA”) was enacted by Congress in 1978 to help try to remedy what were abusive debt collection practices. The FDCPA regulates debt collectors and establishes rules that ensure you are treated with honesty, dignity, fairness and respect.

The United States Congress, in the face of massive debt collection complaints, felt that there were not adequate laws and remedies in place to regulate debt collection conduct, so it passed this remedial statute to try and help consumers and their attorneys protect their rights and their privacy.

As hinted to above, it is no secret debt collectors sometimes resort to persistent and overly aggressive tactics when attempting to collect outstanding debts. The FDCPA prohibits debt collectors from using certain methods to collect outstanding debts. In fact, under this law the debt collector may actually have to pay up to $1,000.00 dollars or more for violating your rights!  They also have to pay your attorneys’ fees and costs if we prevail.

Prohibited Practices by Debt Collectors.  Below are some examples of illegal debt collection tactics that is controlled by the FDCPA:

  • Calling too early (before 8:00a) in the morning before or too late (after 9:00p) at night
  • Telephone calls made from an auto-dialer without consent
  • Using profane language during calls attempting to collect
  • Insulting you in any manner
  • Threatening you in any manner
  • Not revealing their identity during debt collection calls
  • Suing or threatening suit on a time-barred debt
  • Misrepresenting the debt or the amount owed in any way
  • Collecting interest or fees that is not authorized by statute or contract
  • Contacting you when you are represented by an attorney
  • Contacting you repeatedly after you have asked them to stop
  • Leaving messages at work regarding a “personal business matter”
  • Contacting or leaving messages with family members, friends, or co-workers
  • Attempting to collect a debt discharged in bankruptcy

If you receive any debt collection calls or letters, do not discard them and do not block them from calling you.  Use a Communications Log, take a screenshot, or save the voicemail and contact a consumer protection lawyer at LeavenLaw today to discuss your case at a free consultation.