Debtor harassment by the creditor: More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the. Are you repeatedly contacted about debts you paid, canceled during the bankruptcy, or never should have paid? If so, the debt collector is breaking the law, as described in the Fair Debt Collection Practices Act (FDCPA). The most common FDCPA violation involves a debt collector trying to collect a debt that was canceled in a previous bankruptcy case. Get a 100% free debt relief consultation Have you been harassed or attacked by debt collectors? You have options and you may be able to recover compensation for the damages they caused.
Contact Luftman, Heck & Associates online or at (88) 726-3181 to get started. The only way to properly eliminate debt is to work with a dedicated legal professional. Contact LHA for a 100% free individual consultation with a Columbus debt attorney. We'll review your finances, what you owe, and present you with opportunities to catch your breath.
Obscene language, threats to sue (unless they are actually taking legal action), threats from law enforcement, insults, aggressive language. The FDCPA prohibits threats, harmful behavior, and any other type of harassing behavior. A debt collector also cannot harass, oppress, or abuse you or anyone else you contact. This includes repetitive phone calls intended to harass, the use of obscene or profane language and threats of violence or harm.
In this blog, we've looked at the 10 most common FDCPA violations that debt collectors often commit and how to avoid them. In 1977, the federal government enacted the Fair Debt Collection Practices Act (FDCPA) to protect consumers from the abusive, unfair and deceptive practices of debt collectors. The law establishes precise guidelines for debt collectors to contact individuals regarding overdue debts, with the objective of promoting respect and transparency in the debt collection process. The Federal Trade Commission (FTC) monitors and regulates violations of the Fair Debt Collection Practices Act (FDCPA), a law that seeks to protect consumers from potential abusive and harassing behavior by creditors to collect a debt.
While they can sometimes be harmless, if these errors violate the FDCPA and the consumer files a complaint, there can be legal repercussions. If the collector attempts to collect more than what they actually owe and owe, this is a violation of the FDCPA. The CFPB files complaints about FDCPA violations and helps consumers resolve problems with debt collectors who break the law. FDCPA violations can have significant consequences for debtors, as they can cause excessive stress, financial damage and disruption to their lives daily.
Understanding the impact of FDCPA violations allows debtors to assert their rights, seek legal assistance, and seek appropriate remedies to protect themselves from unfair and misleading debt collection practices. Each year, the FTC submits a report to Congress on the types of FDCPA violations that consumers have filed against creditors, as well as the methods the agency has used to enforce the law. If you believe that your rights have been violated under the FDCPA or are facing aggressive and unfair debt collection practices, it's critical that you seek the guidance of an experienced debt defense attorney. If a debt collector threatens to sue you for a debt you have prescribed, you are likely violating the FDCPA. If a debt collector violates the FDCPA, they can sue you with the help of an attorney who specializes in debt collection abuse cases, and he will be responsible for your legal fees.
Not only is the debtor protected against obscene language or outright lies, but there are several other issues that violate what is known as the FDCPA or Fair Debt Collection Practices Act. The FDCPA also protects these collection agencies and ensures their success, while penalizing those who continue to break the rules. Any misrepresentation of the nature, amount, or legal status of the debt owed constitutes a violation of the FDCPA. If you win a lawsuit against a debt collector for violating the FDCPA, the collector may have to pay actual damages, which is the amount of money you lost.
If you believe that a collection agency is violating your rights under the FDCPA, you have the right to see justice done.
