The Fair Debt Collection Practices Act (FDCPA) is a federal law that imposes limitations on what debt collectors can do when contacting and communicating with debtors, and provides remedies for consumers when debt collection companies fail to comply with the law.
The FDCPA does not prevent debt collectors from attempting to obtain payment on behalf of a creditor. However, it does act as a shield to prevent against aggressive debt collection activity. Specifically, the FDCPA prohibits debt collectors from making any false or misleading representations during the collection of a debt or using unfair or unconscionable means to collect a debt.
Common violations of the FDCPA include:
- Calling repeatedly, excessively, and outside of traditional work hours
- Threatening you with violence or harm
- Using obscene or profane language
- Contacting friends or family members about your debt
- Misrepresenting the amount of your debt or making misrepresentations about your credit
- Lying about being attorneys, government representatives, or law enforcement
- Falsely claiming you’ll be arrested, or that your property will be confiscated
- Threatening unavailable or inappropriate legal action against you
- Depositing a post-dated check early
If your debt collectors violated the FDCPA, you may be entitled to receive the following:
- Statutory damages up to $1,000
- Attorney’s fees and court costs
- Actual damages
Once a third-party debt collector knows you are represented by an attorney, their contact with you must stop. Our attorneys can take on all communications with your creditors, so you can stop worrying about the constant harassment.
If you are suffering from creditor harassment and would like to learn more about your rights, contact us and speak with one of the attorneys at Feldman Garcia Leshinsky & Miljus, LLC.