Has a creditor or collection agency told you something that is abusive or anyway, a violation of your civil and federal rights? The FDCPA can help you fight back against all unfair collection practices.
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Hi,
Do you want to eliminate debt collection accounts from your credit report? Are you fed up with the incessant collection calls and want to get rid of them? Come, let us talk about how to do that using FDCPA.
“FDCPA states that debt collection agencies have to send the consumer a written notice containing the debt amount, creditor’s name, and a statement that unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt, the debt will be assumed to be valid by the debt collector”.
So check the information provided by the debt collector and find out if it’s correct. If it isn’t, then dispute the collection accounts and send a Cease and Desist letter to stop collection calls.
Send a letter to credit bureaus and request them to remove the inaccurate listing from your credit report within 30 days. If you have already paid off the debt, then request the creditor to update the account status as ‘paid as agreed’ or ‘paid in full’.
Even if the debt is valid, there are a few restrictions imposed by the FDCPA on the debt collectors and you can sue them if they break the laws.
For example, you can sue a debt collector if he/she calls you before 8 am or after 9 pm. You can also take legal steps if the debt collector abuses you, misrepresent facts, collects more than the actual amount, or contact you after sending a Cease and Desist letter.
Call (800)-530-6854 if you need assistance to deal with debt collection abuse. We can help you to fight with abusive debt collectors and earn $1000 as fine.
The Fair Debt Collection Practices Act (commonly known as the FDCPA) is Title VIII of the Consumer Credit Protection Act. It came into effect in March 1978 and was mainly introduced with 3 objectives in mind:
The FDCPA laws cover the consumer, a person who legally owes a consumer debt; debt collectors, who try to collect debt on behalf of others; and any debt that has been accrued chiefly for personal, family or household purposes. However, business and other commercial debts are not covered under the FDCPA.
Unfortunately, the answer is ‘no.’ In house debt collection agencies don’t come under the FDCPA law. These are departments of the banks that issued loans. In the initial stages of deafult, banks turn the accounts to in house debt collection agencies for collecting money. When they fail to settle debts with consumers within 180 days, banks assign the accounts to third-party collection agencies.
Since the in house collection agencies are part of banks only, so they don’t under the FDCPA rules.
Often, collection agencies play many tricks and go to any extent possible to collect from you, and thus violate the FDCPA. Below are some of the most common prohibited practices that debt collectors carry out:
As a consumer, you have some rights under the FDCPA laws to protect yourself from illegal debt collection practices. Read below to be familiar with what rights you have:
While contacting for the very first time, a debt collector must inform you of your right to dispute the debt. The collector must tell you the actual debt amount, name of the creditor, and the fact that if the debt is not disputed within 30 days, it’ll be considered as valid. Apart from these, the collector must send the consumer details of the debt in writing within five days of the initial telephone contact.
If you have any doubt regarding the debt, you can request the debt collection agency a written verification of the debt. However, you have to request within 30 days of the initial contact from the collector, and all collection attempts must stop until the debt is verified.
If a collector is calling relentlessly, calling at your place of employment, or harassing your friends or neighbors, a cease communication letter can be effective to stop all harassing phone calls. After this, the collector can only reach out to inform you about certain legal steps that he intends to take.
The FDCPA protects the privacy of the debtors by prohibiting the collection agencies from informing anyone other than the authorized individuals (debtor’s attorney or the spouse) about the debt. Even the collection agencies should not leave any detail over answering machine as chances of eavesdropping increase.
Under the FDCPA, you have the rights to protect yourself from any kind of violent or criminal initiatives undertaken by the collection agencies. The FDCPA further bans usage of profane, obscene or offensive language.
If you have multiple collection accounts that are being collected by the same debt collection agency, then they have to apply payments as per your instructions. Plus, they can’t apply payments to disputed debts.
You have the right to take action in case you have fallen victim of creditor harassment. You can choose any of the following options to file a complaint against a debt collection agency:
You have the right to sue a collection agency if they violate the Fair Debt Collection Practices Act (FDCPA) while collecting debts. However, in order to do this, you need experienced legal guidance because debt collectors know the FDCPA rules by heart. The know the laws and the loopholes very well. So it’s easy for them to manipulate you.
Our attorneys specializing in federal and state FDCPA laws can help you with deal with abusive debt collectors smartly. Over the years, we have achieved enough success and reputation by helping thousands of people put an end to harassing calls, threats, and other violent activities.
Our specialized FDCPA attorneys can help you:
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Last Updated on: Mon, 9 Dec 2019
