It’s essential to know your consumer rights to protect yourself from debt collectors. Here is a brief summary of your rights when it comes to debt collectors.
FDCPA – Know Your Rights
• Restricted Contact Hours – Debt collectors can only call consumers within the hours of 8am and 9pm.
Debt collectors cannot continuously call you. Some debt collector will call over and over again, harassing the consumer to take action on these debts.
If the consumer tells the debt collector, they cannot receive calls at work; then the debt collector can no longer call their place of employment.
A debt collector cannot call you if they are aware you have an attorney representing you about the debt.
If you have requested a validation check on a declared debt (usually the first 30 days) the debt collection company cannot contact you.
• Unethical or Abusive Actions – Collection agents CANNOT use these abusive debt collection tactics:
o Profane language (cursing at you)
o Threaten to arrest you for not settling a debt arrest
o Threaten legal action against you for not settling a debt
o Lie about the amounts owed on the debt.
o Publish the consumer’s information on “bad debt” lists or threaten to put you on these lists.
o Use public media (postcards or telegrams) to reach the consumer. (anything accessible to the general public: example, they can’t post debt collection issues to your social media account.
If you have been harassed by a debt collector, call us now at 1-000-000-0000, you could be awarded damages from the company that harassed you. Call us for a free case review.
How to Sue a Debt Collection Agency
If your rights under the FDCPA have been violated, you have a right to sue the debt collection agency. Keep detailed records of all the contact you’ve had with the agency. Keep copies of all documents sent online or in the mail. Document call- the time of the call, the names of the people you talked to regarding the debt and don’t forget to make any notes about the call (screaming, threatening cursing, etc.)
IF you win in court against the debt collector the judge can require the bill collectors to pay:
damages
pain and suffering (both lost wages and medical bills)
attorney fees and court costs
$1000 for damages even you cannot prove damages.
Debt Collection Companies
Harassment
Check out the website link below, if you have been harassed by any of the agencies listed contact a consumer rights attorney immediately. You may be entitled to sue for a monetary award.
Debt Collection Companies Link: https://www.creditreportproblems.com/debt-collection-companies.htm
Fair Debt Collection Laws
The united states have unique laws to deal with debt collection. If you feel as if the rules were violated by a debt collection agency take action. Talk to one of our attorneys for a free case review. Call us at 1-000-000-0000 today.
Laws Debt Collectors Have to Follow
It’s vital for you, the consumer, to know the laws that debt collectors must follow. If you think your rights were violated, call an attorney. You may be able to sue the debt collectors for damages. Call us today and let us review your case.
Take a look at this information regarding bill collection processes.
What are some types of debt collection practices that aren’t allowed?
What are my rights when a debt collector or agency is trying to collect money from me?
Can I stop debt collectors from contacting me?
Can debt collectors contact other people about my debt?
Debt collectors are calling me at work. Is it legal?
Can I dispute a debt? How long do I have to challenge a debt?
Help! I think a debt collector has broken the law! What can I do about it?
What specific information must a debt collector tell me about a debt?
Can a collector contact me even if I believe I don’t owe money?
What debt collection practices aren’t allowed?
HARASSMENT
Consumer Rights Harassment
Debt collectors are not allowed to harass, abuse, or oppress you or any 3rd parties they contact for example the may not:
Threaten you with harm or violence
Publish a list of people who don’t pay their debts (credit bureaus are the exception to this rule)
Use obscene or profane language
Call repeatedly to annoy the consumer
Call before 8 am or after 9 pm
FALSE STATEMENTS
During collection attempts, agencies or persons is not allowed to make a misleading statement when contacting the consumer. For example:
Represent themselves as attornies or government officials when they are not.
Falsely imply you have broken the law or committed a crime.
Pretend that they work for a credit bureau
Lie about the amount of your debt.
Tell you that papers sent to you are not legal forms when they really are.
Tell you that you will be arrested for not paying your debt.
Threaten you with seizing, garnishing, or sell your property or wages intends to in fact take this legal action.
Threaten you with a lawsuit when the agency has no intention of taking this action.
Also, debt collectors may not:
give out false information about you to credit bureaus or anyone else
Send you a document that looks like an official document from a government agency or court and is in fact not an official document.
Use a false name when trying to collect debts from you.
Debt collectors are not allowed to engage in unfair practices when they are attempting to collect a debt. Debt collectors can not:
Collect an amount higher than your debt, unless permitted to by law
Deposit a post date early
Use deception to make you accept collect calls, pay for telegrams, etc.
Take or threaten to take your property when they are not pursuing legal action.
Contact you by postcard
The Telephone, Consumer Protection Act, was passed into law in 1991 and went in to affect 1992 is a set of regulations put in place by the Federal Communications Commission to help protect consumers.
Consumers who are auto dialed or received prerecorded calls from debt collectors on their cell phones can sue the business that made those calls. You must give the business consent for them to call on your cell phone. If a company violates these laws, you receive damages anywhere from $500 to $1500 per violation.
What rights do I have when a debt collector or creditor is trying to collect money from me?
What are my rights when a debt collector is trying to collect money?
Your rights as a consumer are protected by the Fair Debt Collection Practices Act. Reviews these Frequently Asked Questions to learn what creditor agencies or credit can do and what is illegal under the FDCPA. Contact us through our toll-free number, 1-000-000-0000, or our online form. We can help you if your rights have been violated.
Can I stop a debt collector from contacting me?
Asking a debt collector in writing is the first step to stopping contact from the collector. This will not get rid of your debt. And you can still be sued by the collection agency for the debt amount.
Can a debt collector contact anyone else about my debt?
If the collectors know you have an attorney working on a debt, they must contact your attorney. Collectors can, in fact, contact other people to find out where you live, your phone number, and where you work.
They can only contact a third party once. In most cases, the debt collector isn’t allowed to tell anyone but you and your attorney that you owe money. They can only disclose your debts to your spouse.
Can a debt collector contact me at work?
The first time they call you at work, it is legal, but if you tell them they can’t call you at work (in writing or verbally) they then cannot call your work again!
Can I dispute a debt at any time?
You can dispute an alleged debt orally or in writing at any time. If you do discuss debt and the debt collector reports it to a credit reporting agency it must be flagged as disputed on your credit report.
If I believe a debt collector has violated the law, what can I do and how much money could I get?
You can sue in a state or federal court up to 1 year from the day the law was violated. You can recover damages and emotional distress. IF you prove, your rights have been violated you could be awarded up to $ 1,000 for every violation of the law. The court can also make the collection company pay for your court costs and attorney fees. This type of violation can be taken to court by a group (class action suit)
Is there specific information the debt collector must tell me about the debt?
The debt collector must send you a written notice within five days of when you are first contacted. The letter must include the name of the creditor to whom you awe money and how to dispute the collection if you feel you don’t own money.
Can a debt collector continue to contact me if I believe I do NOT owe money?
When you send your letter of dispute (saying you don’t owe on this charge) within 30 days of receiving the written notification from the collection agency, then a collector is not alert allowed to contact you. The can begin contacting you again if they provide proof of the debt such as a copy of the bill for the amount owed.
If I believe a debt collector has violated the law, what can I do?
Your rights as a consumer are protected by the Fair Debt Collection Practices Act. Contact us through our toll-free number, 1-000-000-0000, or our online form. We can help you if your rights have been violated.
What rights do I have if a debt collector reports on my credit report?
The Fair Credit Reporting Act was enacted in 1970 to protect consumer rights. This includes regulating the processes and practices of people who provide information to credit reporting agencies, the credit report users, and the credit report agencies.
As a consumer, you have the right to sue when your information is reported wrong by creditors, debt collectors, and the credit reporting agencies. If there are errors on your credit report and they aren’t your fault call us! We offer a free case review. Fill out the online form or call 1-000-000-0000
The FCRA gives consumers like you specific protection. If you have had your identity stolen. We have a team of experienced lawyers willing to do whatever it takes to make sure your credit and name aren’t destroyed. We can help you freeze and dispute errors due to identity theft on your credit report.