FDCPA Claims Based on Written Communications
While telephone harassment is the most common violation of the FDCPA that most people experience, harassing letters rank a close second. When you have multiple credit accounts that are in arrears, your mailbox can literally be filled with these harassing letters on a regular basis. For many debtors, this can become not only evidence of harassment, it oftentimes causes a lot of undue grief and stress. In many instances, the original creditor will turn your account(s) over to a collection agency. This is most likely when the frequency of those harassing phone calls and letters will heat up.
The FDCPA has laid down some very strict guidelines, rules, and regulations for what a collection can and cannot do when contacting creditors. These rules also apply to collection attorneys as well. In most instances, these collection letters are typically a computer generated communication which usually has no signature on them. The most common tactic employed in these collection letters is threatening to report you to some credit reporting agency (or agencies) therefore ruining your credit. They may also threaten you with a lawsuit for the amount that is supposedly owing.
In any event, harassing letters like phone calls are forbidden by the FDCPA and you may have cause for hiring an FDCPA attorney in order to help you with your case against these harassing collection agencies. Remember first and foremost that you are protected by law against this type of treatment. Prior to contacting an attorney, you should mail out “cease and desist” letters demanding that the collection agencies stop the harassment letters, phone calls, and other tactics that they are abusing you with.
Chances are your FDCPA attorney will advise that you do this if you haven’t already done so or they may prepare one for you on their letterhead insisting that the collection agency stop their collection activities immediately. If the harassment continues, the circumstances need to be placed in your attorney’s hands in order to launch a suit against the agency that persists in harassing you.
Additionally, you want to review the collection letters you have been receiving and look for certain illegal aspects of those letters such as:
- false claims
- illegal information found in the letter’s fine print
- incorrect account balances and money owed
- threatening phrases or statements
Again, your FDCPA lawyer is familiar with the tactics employed in collection agency harassing letters and will know what to look for if you are unsure about the above. If you have not yet spoken with a lawyer about your FDCPA claim and would like to, we welcome you to fill out the Free Claim Review form found on this website.
For over 25 years, Jonathan Ginsberg has represented honest, hardworking men and women facing financial troubles.
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