FDCPA

FDCPA

When you are struggling under a mountain of debt it may be hard to see a way out. This is made worse by aggressive creditors adding to the weight on your shoulders with continuous calls and letters demanding repayment while threatening further action against you. There is a way out and you do have rights and protections through laws by which debt collectors must abide. These are outlined in the Fair Debt Collection Practices Act, as well as provisions to hold creditors accountable when they violate the FDCPA. If you are being harassed by debt collectors Hallock & Associates can help put a stop to it now.

What Is a Violation of the FDCPA?

 

Consumers are protected though legislation initiatives from the Federal Trade Commission which are defined in 15 U.S. Code § 1692a. The law governs all communications with or from debt collectors including calls, voice messages and letters. Understanding your rights under the FDCPA will allow you to ensure they are not violated any time you are contacted by a debt collector and that you can hold them liable if they have violated the law.

 

The FDCPA specifies how debt collectors can collect outstanding debts. It prohibits them from collection efforts that are abusive, deceptive and unfair, including:

 

  • The use of profane or abusive language
  • Making false statements, for example implying a connection to a government agency.
  • Contacting you at atypical times such as before 8 am or after 9pm in your time zone.
  • Ignoring written requests to cease communication
  • Threats to take legal action or arrest the debtor
  • Failing to identify themselves as a debt collector including which creditor they represent
  • Applying unauthorized fees or interest to the debtors’ account
  • Repeatedly calling or letting the phone ring constantly.
  • A debt collector may contact a third party, such as family or employers, only for purpose of locating the debtor and not repeatedly.

 

These FDCPA rules only apply to consumer debts. Examples include student loans, credit card debts, personal loans, car loans, mortgages, and utility bills.

 

 

Dealing with Creditor Harassment

 

If you are being harassed by a debt collector and you have questions about how to protect your rights it is recommended you speak with an experienced attorney. Do not let the stress and anxiety build up and affect your health, marriage or other important aspects of your life. You do not have to handle the situation alone. When you work with legal representation the debt collectors must contact your lawyers and stop the calls, letters and any other communications with you. If they have already violated the terms of the FDCPA your lawyer can take legal action.

 

Hallock & Associates, LLC can help you get out from under the weight of debt on your life. Call us today to schedule a no-obligation case evaluation and learn more about your rights.