Harassment and abusive language Among the most common violations of the FDCPA, harassment is one of the worst. New Jersey Office One University Plaza Suite 620 Hackensack, NJ 07601 New York Office 680 Central Ave Suite 110 Cedarhurst, NY 11516. 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 get 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 debts is to work with a professional cool dedicated.
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. Do you get contacted repeatedly about debts you canceled, canceled in bankruptcy, or never should have paid in the first place? 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 attempting to collect a debt that was canceled in a previous bankruptcy case.
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 most common violation is when a debt collector tries to collect a debt that you don't owe.
This can happen for several reasons, such as identity theft, a debt that has already been paid, or a debt that was canceled in bankruptcy. If you receive a call or other communication demanding payment for a debt you don't recognize, check the debt before paying it off. FDCPA violations can expose organizations to both civil litigation and enforcement administrative action, so a careful and committed approach to compliance is essential. Under the FDCPA, debt collectors must disclose who they are and what debts they are trying to collect.
The federal Fair Debt Collection Practices Act (FDCPA) limits the means that businesses, financial institutions and other organizations can use to collect money owed to them. Organizations that are subject to the FDCPA can submit validation information by mail or electronically. Clear internal policies must be established to recognize and resolve each debt dispute in accordance with FDCPA guidelines. While complying with the FDCPA is fairly straightforward in many cases, debt collectors and other organizations can easily commit violations if they're not careful.
In addition to prohibiting debt collection efforts at inconvenient times and places, the FDCPA also prohibits harassing communications regardless of time and place. While the FDCPA restricts the actions of debt collection agencies and other organizations that help collect debts or that take on pending creditors' claims, it generally doesn't apply to organizations that grant credit from the start. The FDCPA gives consumers the private right to bring civil action for the above-mentioned (and other) violations. While the FDCPA exists to prevent these illegal actions, you must understand the law in order to protect yourself.
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. 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. While they can sometimes be harmless, if these errors violate the FDCPA and the consumer files a complaint, they can have legal repercussions. Any misrepresentation of the nature, amount, or legal status of the debt owed constitutes a violation of the FDCPA.
