Any time consumers get into a position where they are in financial trouble and unable to pay their bills on time, it is almost a certainty that they will have to deal with the original creditor and possibly a debt collection agency and one or more of their representatives. The FDCPA (Fair Debt Collection Practices Act) of 1978 protects consumers from any debt collection practices that are deemed as being abusive, coercive, illegal, and/or unfair. The following is a list of those practices which are prohibited under the FDCPA.
No collection agency and their representatives (or other debt collectors) are allowed to:
- demand that you pay more than what you actually owe
- ask you to pay expenses, fees, and/or interest allowed by law
- call you continually or on a repetitive basis
- use abusive, obscene, or profane language when discussing your debt that is owed to the company that they are representing
- call you prior to 8:00am or later than 9:00pm
- try to contact you by telephone at any time that is inconvenient to you
- make threats to take any action that they cannot or won’t take against you
- inform any 3rd parties regarding your debt as this is in direct violation of certain privacy acts
- call any 3rd party repeatedly in order to obtain more of your personal information
- attempt to contact you by phone at your place of employment if you have informed that collection agency or debt collector that your employer does not approve of this
- fail to mail you a written notification pertaining to a validation of the debt in question
- ignore any formal written requests you have sent the collection agency or debt collector regarding the debt in question and then continue attempting to collect the debt
- persist with any further collection efforts before you have received any verification of the debt that you owe being accurate and valid
- continue attempting to collect the debt even though you have mailed them a formal “cease and desist” letter
It is advisable that you contact an experienced and qualified FDCPA attorney if you find yourself in the midst of these types of circumstances and want some relief so that you can regain your peace of mind. Just know that we are always here to assist you in anyway we can and answer all your questions if needed. You can contact us by filling out the Free Claim Review found on this website, the Contact Us page, or even by leaving a comment below.
For over 25 years, Jonathan Ginsberg has represented honest, hardworking men and women facing financial troubles.
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