The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair debt collection practices. The Act prohibits collection agencies from using abusive, deceptive, and unfair practices to collect a debt from you. The FDCPA does not eliminate the debts you owe but does protect you from harassment and abuse by collection agencies.
There are Limitations on how a Debt Collector can Contact You
False Statements and Threats
Debt collection agencies cannot use false statements or threats when attempting to collect a debt. This includes:
Harassment
Debt collectors cannot use language, communication, or conduct that harasses any person. This includes:
Debt Validation
Charge Collection Fees
There are Limitations on how a Debt Collector can Contact You
- A debt collector cannot tell family, friends, neighbors, or co-workers about your debt or that they are trying to collect a debt from you.
- A debt collector cannot contact you before 8 a.m. or after 9 p.m.
- A debt collector cannot contact you in places that are inconvenient for you, such as your place of work if you are not permitted to receive personal calls during work hours.
False Statements and Threats
Debt collection agencies cannot use false statements or threats when attempting to collect a debt. This includes:
- Claiming they are an attorney, government representative, or that they work for a credit bureau.
- Claiming you have committed a crime or stating you will be arrested if you do not pay.
- Misrepresent the amount or legal status of the debt
Harassment
Debt collectors cannot use language, communication, or conduct that harasses any person. This includes:
- Using threats of violence or harm of person, property, or reputation.
- Profane language.
- Repeated use of telephone with purpose to annoy.
- Calling without identifying themselves.
Debt Validation
- The debt collector must tell you the amount of the debt, the name of the current creditor, and that you have 30 days to dispute the debt.
- If you don't believe you owe the debt, think you owe a different amount, or don't recognize the creditor, you can ask the debt collector for validation within 30 days of receiving the first debt collection letter.
- Your notice of dispute must be in writing and should be sent certified mail.
- The debt collector can't continue collection activities until they have responded to your dispute.
- You always have the right to tell the debt collector at any time that you dispute the debt.
Charge Collection Fees
- Debt collection agencies cannot charge interest, fees, or charges in addition to the amounts authorized by your original agreement or state law.
If you feel your rights under the Fair Debt Collection Practices Act (FDCPA) have been violated, call to schedule a free consultation with the Law Offices of Barak Berlin in Temecula. We are a short drive from Murrieta, Lake Elsinore, Wildomar, Menifee, Hemet, or anywhere in North County San Diego. We can stop the Debt Collection Harassment phone calls and letters. If you are being harassed by creditors, debt collectors, banks, payday lenders, call us to help stop the Debt Collection Harassment.
Due to Federal and State laws, if you have a legal claim against the creditors, debt collectors, banks, or payday lenders, we will represent you at no cost to you. You will only be responsible for court filings fees and minimal costs. These fees and costs will be refunded to you if your case is won.
If you live in Temecula, Murrieta, Lake Elsinore, Wildomar, Menifee, Hemet, or anywhere in North County San Diego, call us today to get your life back on track.
Due to Federal and State laws, if you have a legal claim against the creditors, debt collectors, banks, or payday lenders, we will represent you at no cost to you. You will only be responsible for court filings fees and minimal costs. These fees and costs will be refunded to you if your case is won.
If you live in Temecula, Murrieta, Lake Elsinore, Wildomar, Menifee, Hemet, or anywhere in North County San Diego, call us today to get your life back on track.
