Home » HomeFamily Articles » The FDCPA: Your Protection Against Creditor Harassment
The FDCPA: Your Protection Against Creditor Harassment
The Fair Debt Collections Practices Act (FDCPA) is designed to prevent creditor harassment, by prohibiting debt collectors from using offensive or illegal tactics when trying to collect a debt.
November 16, 2011 /HomeFamily PR News/ -- If you have ever known someone who has struggled with debt, you may have heard stories of offensive or rude debt collector behavior. You may not be aware that there are legal limits on how far a collector behavior can go. The Fair Debt Collections Practices Act (FDCPA) is designed to prevent creditor harassment, by prohibiting debt collectors from using offensive or illegal tactics when trying to collect a debt.
Violence and Threats
The FDCPA prohibits a debt collector from using or threatening to use violence (or other criminal activities) to harm you, your reputation or your property. Even an implied threat of violence such as, "We're not playing around here--we can play tough," is a violation of the FDCPA.
Obscene or Profane Language
The FDCPA prohibits a debt collector from abusing you by using obscene or profane language when contacting you. Abusive language can include religious slurs, racial or sexual epithets or calling you a liar or deadbeat.
Publishing Your Name
A debt collector may not publish a list of consumers who allegedly refuse to pay debts. However, the debt collector can disclose your name to a credit reporting agency.
Advertising Your Debt
The FDCPA does not allow a debt collector to "shame" you by publicizing the debt. A debt collector can publicize the debt if the law requires it. A common example where this is the case is a foreclosure notice.
Continuous and Repeated Phone Calls
A debt collector is prohibited from "repeatedly or continuously" calling you about the debt with the intent to harass, abuse or annoy you. In other words, a debt collector cannot make a series of phone calls to you, one after the other, or call you more times than is necessary under the circumstances.
Anonymous Calls
The FDCPA prohibits debt collectors from making telephone calls to you without "meaningful disclosure of the caller's identity." The debt collector must tell you that he or she is a debt collector who is calling to collect a debt. In addition, the debt collector must give you the name of the company that he or she works for. The debt collector also has to observe this rule when leaving voicemail messages.
Penalties for FDCPA Violations
If a debt collector violates the FDCPA, you have a right to sue to recover damages. The FDCPA allows you to sue the debt collector to recover any damages that you can prove you suffered, as well as attorney's fees. Even if you can't prove any damages, the judge can order the debt collector to pay you up to $1,000.
Although many debt collectors obey the FDCPA, some cross the line and engage in harassment. If creditors are harassing or abusing you, contact an attorney today who can assist you in collecting monetary damages that you're entitled to by law. In addition, your legal representative can help you explore your debt relief options and recommend a solution based on your circumstances.
Article provided by Gina H. McDonald & Associates, L.L.C.
Visit us at www.ginamcdonaldlaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
FL Web Advantage
|
|
|
|
|
| HOMEFAMILY ARCHIVE SEARCH |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us