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Can a Debt Collector do that?

Despite what some may believe, debt collectors do not have full reign when attempting to secure payments for defaulted accounts. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party collectors from verbally harassing and using other tactics meant to pressure the debtor into making agreements that he may not be able to keep.

The best way to ensure fair treatment as a debtor is to hire an attorney.

What exactly is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the powers of third-party debt collectors. This act was implemented to better regulate the behaviors and actions of collectors who may otherwise feel at liberty to secure payment for defaulted accounts by any means plausible.

What are some FDCPA guidelines?

  • It is unlawful for a third-party debt collection agency to call a debtor before the hours of 8 AM
  • It is unlawful for a third-party debt collection agency to call a debtor after 9 PM
  • A collector can contact a debtor at his home or office via telephone
  • A debtor has the right to verbally request the collector refrain from contacting his office without an explanation as to why
  • The debtor may also ask the third-party collector to refrain from calling his home, however, must be presented in writing.

What happens when the FDCPA is violated?

Consumers have the right to file a civil complaint in State or Federal Court if they believe that a third-party debt collector has overstepped his boundaries and, thus, violated the FDCPA. Such a grievance could ultimately lead to the collector paying the debtor money for damages as well as attorney’s fees and litigation costs to the debtor.

It is important that you contact a debt defense lawyer if you feel that your rights as a consumer outlined in the FDCPA have been violated. Legal counsel at the Libertyville law firm of Johnston, Tomei, Lenczycki & Goldberg, LLC can help you determine if the evidence is strong enough for a lawsuit and guide you through the process of potential recovery of damages.

 

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