Consumer Rights Against Debt Collectors
If you are dealing with debt collectors, you need to know that your rights under Federal law.
The Fair Debt Collection Practices Act (FDCPA), protects consumers against deceptive, unfair, and abusive debt collection attempts.
If you know your rights, you are more likely to exercise them and stop abusive debt collection.
How abusive debt collection affects consumers
Congress enacted the FDCPA to prevent abusive debt collectors and unfair debt collection. Congress recognized that abusive debt collection contributes to:
- The number of personal bankruptcies;
- Marital instability;
- The loss of jobs; and
- Invasions of individual privacy.
How the Fair Debt Collection Practices Act protects consumers
Generally, the FDCPA protects consumers from deceptive, unfair, and abusive debt collection. Consumers are protected from debt collectors in a number of specific ways.
For example, a debt collector cannot contact you at a time that is inconvenient to you; it is presumed that before 8am and after 9pm are inconvenient times. A debt collector cannot lie to you about anything. For example, a debt collector cannot tell you that if you do not pay the debt, they will send the sheriff to your house to arrest you.
Common abusive debt collection attempts include:
- Excessive phone calls or calls at inconvenient times;
- Threatening to take actions that they cannot take, or do not intend to take, including garnishment;
- Calling a consumer names, insulting a consumer, yelling at a consumer, or hanging up on a consumer; and
- Using profane or other abusive language or swearing at a consumer
This list is not exhaustive—there are plenty of other ways debt collectors violate the FDCPA. If you think your rights have been violated, contact me.
What you are entitled to under the Fair Debt Collection Practices Act
The good news is that if you have a claim under the FDCPA, and if you are successful, the debt collectors pay your attorney fees. This fee-shifting provision allow consumer lawyers like myself to essentially act as private regulators of debt collection conduct.
Under the FDPCA, you are entitled to four benefits:
- Costs
- Reasonable attorney fees
- Statutory damages up to $1,000
- Actual damages
What that means is if you have a case and you prevail, the other side pays your attorney fees and costs, which is how consumer lawyers are able to bring these cases on full contingency. You are also entitled to up to $1,000 in statutory damages and actual damages.
Actual damages can be charges to your phone line caused by a debt collector’s calls. If you are harassed or abused by a debt collector, you can recover for your emotional distress.
Contact me
I sue abusive debt collectors. If you have been contacted by a debt collector, contact me.
(photo: http://www.flickr.com/photos/sdphotography/382059323)