The FDCPA was passed in 1978 in order to protect consumers with considerable debt and who are behind in their payments from ruthless collection practices at the hands of any collection agency. Under the guidelines of the act, there are provisions as to what a debt collector is legally allowed to do and what is forbidden, as well as what your rights are as a consumer and if you are encountering abusive and coercive debt collection practices.
For all practical purposes, your needs would best be served by hiring the services of an experienced and qualified FDCPA attorney who can handle your claim against any collection agency that is abusing or harassing you either on the phone or in written form. The following is a list of the 3 primary ways that you can benefit from hiring an attorney to help you with your circumstances.
FDCPA attorneys focus on consumer laws as they relate to the consumer’s rights and the debt collector’s methods and/or practices for the collection of those debts – we are very knowledgeable of aggressive methods and tactics that many 3rd party collection agencies illegally practice when trying to collect a debt for the original creditor that hired them to recoup the lost funds. The FDCPA demands that the consumer’s personal dignity as well as their rights are always respected during any collection activities.
With the help of the FDCPA’s guidelines, your attorney can defend you against any collection activities that are deemed as being abusive, coercive, and/or illegal in nature – the guidelines established by the FDCPA, the FCBA (Fair Credit Billing Act) and the FCRA (Fair Credit Reporting Act, as well as any state’s UDAP (Unfair and Deceptive Acts and Practices) laws are there to protect you from any illegal and unscrupulous practices employed to collect a debt.
Your attorney will usually validate whether or not the debt in question is accurate by contacting that collection agency to verify the debt – interestingly enough, if that collection agency does not provide accurate and satisfactory information, then your attorney will most likely demand that the debt be cleared and settled in full and finally with no further action ensuing from that point. The attorney may even request a “compliance audit” in order to have your account reviewed by a competent professional. The results of the audit may result in the filing of a formal complaint against that particular collection agency.
For over 25 years, Jonathan Ginsberg has represented honest, hardworking men and women facing financial troubles.
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