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FDCPA Overview
Debt collectors are regulated
by numerous state and federal laws in their debt
collection activities. That's where our
firm can help. Most people know that debt
collectors cannot abuse them on the phone or in
writing--what many people don't know is that
they have a lot of other legal rights, too.
For example, a debt collector cannot call you at
work if they know that it is inconvenient for
you or that your employer prohibits it.
Debt collectors cannot tell others about your
debts, like your next door neighbor or your
co-worker. Debt collectors also must
follow the Rosenthal Fair Debt Collection
Practices Act if they are collection debts in
the State of California. These are just a
few of the numerous protections you have as a
consumer. If a debt collector violates
your rights, our firm can help.
As a consumer, you are afforded a lot of
consumer protections against debt collectors,
both state and federal. Our firm works
with consumers whose rights have been violated
under the FDCPA and other consumer protection
statutes. If you have a problem with your
credit report, click
here to learn more about how credit
reporting works. Otherwise, please read
on.
The Federal Fair
Debt Collections Practices Act ("FDCPA")
As a consumer, you are
entitled to file a lawsuit against any debt
collector who violates your rights under the
FDCPA. In short, the FDCPA allows a
consumer to recover their actual damages,
statutory damages of up to $1,000 and their
attorney's fees and costs. While this may
seem like a modest amount, to debt collectors
who violate the law there is much more at stake:
Increased insurance rates, deceased collection
rates, potential governmental regulatory action,
and the spiraling costs of defending a lawsuit
for their illegal conduct.
The deck is stacked against consumers with
sophisticated debt collection tactics. As
a consumer, you should not hesitate to shield
yourself from these sharp practices and exercise
your rights under the FDCPA. Our law firm
has the experience, resources and ability to to
zealously represent you in your FDCPA action
against any debt collector. We file
federal civil lawsuits against debt collectors
who violate any state or federal law. The
FDCPA prohibits any collection efforts which
violates any law. That means that amongst
other things, a collector must tell the truth,
be respectful to you, and cease communicating
with you when you have a lawyer. Our firm
can and will make illegal collection activity
stop dead in its tracks.
We firmly believe that everyone should pay their
just and owing debts. But our country was
founded on historic legal principles which
rejected debtor's prisons and the like.
Likewise, we think that no debt collector ought
to violate your rights to get payment.
It's that simple. Your legal right to
fair, legal, debt collection activity cannot
take a back seat to any debt collector's
violations of state and federal law.
Rosenthal Federal
Fair Debt Collections Practices Act ("RFDCPA")
As a consumer, you are also
entitled to file a lawsuit against any debt
collector who violates your rights under the the
State of California's RFDCPA. These
damages are normally added to the damages you
receive under the FDCPA, above. The RFDCPA
allows a consumer to recover their actual
damages, statutory damages of up to $1,000 and
their attorney's fees and costs. Unlike
the FDCPA, the state's debt collection statute
applies to the original creditor, too.
This provides you with a powerful tool to
correct the abuse of those who feel they can
abuse you simply because you have acquired
credit with them.
Who is Covered:
Some Definitions
Consumer. Any
person who owes or is alleged to owe a consumer
debt.
Debt Collectors. According to the
FDCPA, a debt collector is any person, other
than the creditor, who regularly collects debts
owed to others and includes attorneys who
regularly collect debts.
Covered Debts. Any debt that is
primarily for personal, family, or household
purposes are covered under the FDCPA.
Business and commercial debts are not covered.
Alimony, child support, criminal fines, and tort
claims are generally not considered debts within
the meaning of the FDCPA.
How a Debt
Collector Can Communicate With You
Communications Generally.
A debt collector may communicate with you by
mail, in person, by telephone or telegram.
A debt collector cannot contact you at times or
in places that they know are inconvenient to
you, such as at work if your employer does not
permit it or during daytime sleep hours if you
work nights. A debt collector cannot
contact you before 8 a.m. or after 9 p.m.
Stopping Communications. If you
send a written request to a debt collector
demanding that they stop contacting you, the
debt collector must stop contact immediately,
but they may send one last communication to you
advising you that they intend to take a specific
action against you including filing a lawsuit.
Attorney Representation. If you are
represented by an attorney concerning a consumer
debt (e.g., a consumer rights attorney such as
our office, a bankruptcy attorney, or a family
attorney), the debt collector cannot communicate
directly with you except through your lawyer.
Contacting Others. A debt collector
cannot contact any third party about your debt.
This means that they cannot call you
sister-in-law, your grandson, or your neighbor
about the debt. Debt collectors are not
allowed to tell anyone but you and your attorney
that you owe anyone else money.
Locating You. A debt collector has
a right to contact other people once, and only
once, in an effort to locate you. Debt
collectors are not permitted to ask neighbors to
bring you phone messages, ask you to come across
the street for a phone call, or tell other
people that they are attempting to collect a
debt from you.
Debt Validation
30-Day Validation Notice
Requirements. Within five days after
you are first contacted, a debt collector must
send you a written notice telling you the
following:
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The amount of the debt.
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The name of the creditor
to whom the debt is owed.
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A statement that unless
you, within thirty days after receipt of the
notice, dispute the validity of the debt, or
any portion of it, the debt will be assumed
to be valid by the debt collector.
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A statement that if you
notify the debt collector in writing within
the thirty-day period that the debt, or any
portion thereof, is disputed, the debt
collector will obtain verification of the
debt or a copy of a judgment against you and
a copy of such verification or judgment will
be mailed to the consumer by the debt
collector.
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A statement that, upon
the consumer's written request within the
thirty-day period, the debt collector will
provide the consumer with the name and
address of the original creditor, if
different from the current creditor.
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Finally, a statement that
the communication is from a debt collector
attempting to collect a debt and that any
information obtained will be used for that
purpose. |
Every debt collector who
tries to collect your debt must provide their
own 30-day validation notice, even if a previous
debt collector has already given such notice.
Rights While Debt Under Dispute. If
you dispute a debt in writing within the 30-day
validation period, a debt collector cannot
continue to collect on the debt until they have
sent you proof of the debt or a copy of the
judgment.
What a Debt
Collector is Prohibited From Doing to You
Collection Fees
Prohibited. A debt collector may not
charge you any interest, fees, or collection
charges, except those amounts that were
authorized by the agreement with the creditor to
whom the debt is owed.
Harassment Prohibited. A debt
collector may not use any language,
communication or conduct to harass, oppress, or
abuse any person. This includes prohibits on:
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Use threats of violence
or harm to the person, property, or
reputation.
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Advertise your debt or
publish a list of consumers who refuse to
pay their debts, except to a credit bureaus.
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Use obscene or profane
language.
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Repeatedly use the
telephone to annoy someone or ring the
telephone constantly.
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Call people without
identifying themselves. |
False Statements
Prohibited. A debt collector may not
use any false statements when trying to collect
a debt. This includes:
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Falsely implying that
they are an attorney or government
representative.
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Falsely implying that you
have committed a crime by not paying a debt.
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Falsely represent that
they operate or work for a credit bureau.
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Misrepresent the
character, amount, or legal status of the
debt.
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Indicate that papers
being sent are legal papers when they are
not.
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Indicate that papers
being sent are not legal papers when they
are. |
Threats Prohibited.
A debt collector may not use threats when trying
to collect a debt. This includes threats
like the following:
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You will be arrested if
you do not pay your debt.
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They will seize, garnish,
attach, or sell your property or wages,
unless the collection agency or the creditor
intends to do so and they have the right to
do so.
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Take any actions against
you which are illegal.
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Violate any law in an
effort to collect a debt. |
Deception Prohibited.
A debt collector may not use deception when
trying to collect a debt. This includes
deceptions like the following:
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Send you anything that
looks like an official document from a court
or government agency when it is not.
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Give false credit
information about you to anyone.
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Use a fake or false name,
unless that name is allowed by state law and
properly registered with the state, if
required. |
Unfairness Prohibited.
A debt collector may not treat you unfairly in
attempting to collect a debt. This
includes unfairness like the following:
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Collect any amount
greater than your debt, unless allowed by
law.
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Deposit a post-dated
check more than 5 days before the date on
the check, without giving you notice of when
they intend to deposit it.
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Solicit a post-dated in
order threaten criminal prosecution or
threaten to cash the check early.
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Make you accept collect
calls or pay for telegrams.
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Take or threaten to take
your property unless this can be done
legally, including wrongfully repossessing
your vehicle.
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Contact you by postcard. |
Payments on Multiple
Debts. A debt collector must apply
your payments on multiple debts in the order you
direct. A debt collector is prohibited
from applying any payments you send in to debts
that you believe you do not owe.
Your Rights to
Sue
Your Right to Sue a
Collector for Violations of the FDCPA.
You have the right to sue a debt collector
within one year from the date you believe the
law was violated. This is what our law
firm does. If you do not bring you lawsuit
within one year of the violation, your claim
will be forever barred by a statute of
limitations. If you win your lawsuit, you
may recover money for the damage you suffered,
statutory damages of up to $1,000 plus court
costs and your attorney's fees.
If you have been subjected to any of these
illegal practices,
please contact our office. |
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