The Fair Debt Collections Practices Act protects consumers from harassment and privacy violations by bill collectors. It was enacted in 1966 and was amended by the Financial Services Regulatory Relief Act of 2006.
Congress wanted to regulate how debt collectors, companies that collect debts for another company, can contact and collect past due accounts. Prior to the FDPCA, debt collectors were able to use harassment, intimidation and outright scare tactics to collect debts. Not anymore.
Now debt collectors must abide by a fair set of rules that govern their behavior. If they decide to ignore those rules, that is where SUE THE COLLECTOR’s Lawyers step in and represent you. Debt Collectors such as AFNI, MIdland Funding, Midland Credit Management, Transworld, Encore Capital, LVNV Funding (or the Attorneys that represent LVNV Funding) are all either Debt Buyers or Debt Collectors. Debt Collectors are subject to the FDCPA (Fair Debt Collections Practices Act). Violations allow you to bring your own lawsuit using our Lawyers, potentially winning you up to $1000 for a violation of the Act. There are thousands of debt collectors, and many are fake and scams, so don’t be fooled into giving your credit or debit card information over the phone without first requesting everything in writing. Debt collectors MUST provide a letter detailing your account within 5 DAYS of the first attempt to contact you. Didn’t get any letter or they refuse to send you something in the mail?
- Calling Before 8AM or After 9PM
- Calling Friends, Relatives or Neighbors Seeking Location Information when they already have your location information.
- Calling your job (on your job owned telephone) when your job doesn’t allow personal phone calls.
- Using Vulgar, Swears, Racist or Defamatory language to collect a debt.
- Lying to you about the status of your debt or how much you actually owe.
- Lying about taking you to court or using “escalation” language like “we will advise our lawyers of your non-cooperation” insinuating legal consequences
- Adding Additional Fees, such as collections fees, late fees, interest charges or convenience fees coupled with accepting credit card payments