Debt collectors often use overly aggressive tactics in order to collect debts from consumers. However, if they overstep their legal bounds, they may be subject to harassment charges and or other causes of action. The Fair Debt Collection Practices Act establishes a great deal of rules involving debt collections. It applies to debt collection agencies and law firms that are attempting to collect debt, but not the original creditor. The federal law prohibits debt collectors from contacting you prior to 8 a.m. or after 9 p.m. It also requires that debt collectors to keep information about the consumers that they are pursuing confidential.
For example, if a debt collector contacts your neighbor, relative or employer, he or she can only state that they are attempting to reach you. They cannot provide any details about your debt. Consumers who do are not satisfied with the constant contact with creditors can request that the debt collector stops communication under the rules of the Fair Debt Collection Practices Act. The only contact that the debt collector should make after that point is to acknowledge that no further contact will be made, or to inform you of specific legal action that it plans to take against you.
The Fair Debt Collection Practices Act also prohibits debt collectors from making false statements. For example, they can’t inform you that you may be arrested or charged criminally if you don’t pay them the debt. It also prohibits debt collectors from stating that they will sue the consumer when they know that the statute of limitations has expired. Consumers who think that a debt collector is violating the laws regarding collection efforts can help bolster their case by documenting the actions of the debt collector. In essence, you can keep a log of each call that is made and what was said during the conversation.
Some states do not prohibit the audio recording of another party without its permission. However, some states do, so it’s important that you consult with a lawyer regarding the permissible uses of recordings before you make any. If you are wronged by a debt collector, you stand to make out from a financial standpoint. For example, in 2011, a New Mexico jury awarded a consumer $1.26 million after it found that a collection law firm attempted to garnish a woman’s wages not once, but twice for a debt that she didn’t even owe. The woman was mistaken for another person with the same name.
An employee of the law firm that was attempting to collect the debt changed the woman’s social security number in the system so that it would match the woman that they were pursuing, instead of going after the real debtor.
If you feel that you are being treated unfairly by a creditor or collection agency, please contact us immediately. Legal Rights Advocates, Inc. is a consumer advocate law firm that focuses on consumer rights protection services across the Unites States. We have well over twenty-five (25) years of combined experience helping consumers that are experiencing Debt Collector Harassment, Social Security Disability issues, and a whole lot more. LRA is truly your consumer rights advocate. We take great pride in the fact that our job is to protect you from deceptive and or abusive debt collection practices.
LRA is an accredited member of the Better Business Bureau, and we have well over 500 Five Star Rating Reviews online from across the United States. Our goal is to assist you each and every step of the way regarding your rights for consumer protection. Please call us today for more information at 855-254-7841 or click here to visit our website. We look forward to working with you.
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