FDCPA Enforcement

Liberty Credit Law, PC - Helping Clients with FDCPA Enforcement

The Fair Debt Collection Practices Act (FDCPA) is a set of laws that were created to protect consumers from illegal collection practices and creditor harassment. Years ago, congress elected to pass the FDCPA after hearing reports of how abusive creditors and collection agencies had been toward consumers. The abuse and harassment was causing people to randomly file for bankruptcy so that they could repay their debts and be free of creditor’s vicious phone calls, taunting and maltreatment.

After the FDCPA was passed, creditors and collection agencies were given strict guidelines to follow when attempting to collect legitimate debts. That Act also warranted protections for consumers and courses of action people could take when dealing with large amounts of debt, like home loan debt or unsecured debt.

Creditor Harassment and the FDCPA

All third party collection agencies and law firms that are attempting to collect debts must adhere to the guidelines set forth by the FDCPA. When they violate guidelines and harass borrowers, they are in fact violating the law and may be subjected to legal action should the consumer file a report. Still, even though the Act is in place, collections agencies continue to engage in behaviors that are illegal such as:

• Third Party Disclosure of the Debt

• Using obscenities

• Calling the borrower’s workplace after being put on notice not to

• Making more than one phone call per day to the borrower’s residence or making phone calls merely to harass

• Asking for interest and fees that are not permissable

• Sending false documents that look like they have been sent by the courts

• Creating a sense of urgency within the 30-day period that a debtor has the right to dispute the debt

• Not informing a debtor of his rights (referred to as the mini-miranda)

• Demeaning the debtor

• Threatening legal action when no such action can be taken by the agency making the calls

• Threatening criminal action if the debt is not paid or threatening the taking of property without judicial proceedings

Anytime a borrower is subjected to harassment from a collections agency, he/she has the right to seek legal counsel from a FDCPA enforcement lawyer, such as the lawyers at Liberty Credit Law, PC. At Liberty Credit Law, PC, we believe in the FDCPA and will do everything we can to enforce the laws and guidelines it has established.

If you would like assistance with FDCPA enforcement, contact our law firm to schedule a free initial consultation today!