Although the Fair Debt Collection Practices Act, or FDCPA, was passed by Congress in 1978, few consumers are aware of the protections it provides. The FDCPA was designed to protect consumers from dishonest, extreme or unfair forms of debt collection. Know your rights and what to expect, and save yourself headache and stress. The Federal Trade Commission deals with an enormous amount of complaints annually and it exhausts their resources.
Logistically it’s impossible for them to handle each individual issue a consumer has–that’s where a Century Law attorney can help. If you’ve received phone calls at a late hour or been harassed for a debt you didn’t owe, consider consulting an attorney with knowledge of the FDCPA and how it can protect you. You might even have a case against a creditor.
Who is protected by this law?
For individuals, anyone who owes mortgages, car loans, student loans or the like are protected under this law. The FDCPA does not protect businesses who owe debt. The law is very straightforward about what counts as a legal form of collection and what doesn’t. That’s why knowledge of this law is critical if you want to avoid falling victim to collectors who treat debtors unfairly.
- Failing to reveal all of the information pertaining to debts.
- Lying, misrepresenting facts or impersonating officials, like police or attorneys.
- Repeatedly calling at your places of employment, even after you or your employers requested they stop.
- Discussing debts with third parties.
- Constantly calling to obtain debts that aren’t actually owed by the individual.
- Calling at inconvenient times, like late evening or early morning.
- Threatening people with the prospect of lawsuits, garnished wages or physical harm.
- Failing to furnish information and resources that could help consumers dispute their debts.
- Illegally tacking on fees and interest.
- Inaccurately reporting the standing or amount of debts.