Did you know that the Fair Debt Collection Practices Act (FDCPA) protects consumers just like you from abusive debt collection practices? Consumers should not feel helpless because they are receiving continuous requests for payment from collectors or creditors. Consumers who feel helpless in the face of creditor harassment have more power than you realize. You need to be aware of your rights and how to protect yourself.
FDCPA is a federal law governing debt collection practices. The law provides consumers with essential protections against predatory practices. Predatory practices may include foul language, misleading communication, calling late at night, harassing speech, pursuing you for a debt not owed, etc.
Exercising your rights as provided by FDCPA can help consumers get control of their dealings with debt collectors. The FDCPA protections include communication with debt collectors, harassing or abusive collection practices, truthfulness in communication, unfair practices, debt validation, etc.
Protections Offered by the Fair Debt Collection Practices Act (FDCPA):
- Consumers can control communication with debt collectors.
- Consumers are protected against abusive or harassing practices.
- Debt collectors must be truthful.
- Unfair practices are prohibited.
- Collectors must validate the debt.
If your FDCPA rights are violated, you have two main options: file a complaint or sue the collection agency. If you are considering filing a complaint or filing an FDCPA lawsuit, you should keep records of all correspondence between you and the debt collector. Records will help you substantiate your claims of FDCPA violations. A lot of FDCPA violations occur over the phone and can be challenging to prove. It is highly recommended that consumers facing abusive or harassing behavior or other violations of their FDCPA rights keep a phone log to record the date, time, and what is said on phone calls. A written record is an excellent way to figure out and prove over time whether or not a debt collector is engaging in behavior that would qualify as an FDCPA violation.
If you have been the victim of a harassing creditor or your FDCPA rights have been violated, please get in touch with one of the experienced consumer law attorneys at Aronow Law PC today.