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What is the FDCPA?

What is the FDCPA?

Posted By Peter Rasla || 19-Jun-2013

The Fair Debt Collection Practices Act (FDCPA) is federal law which was enacted in 1978 to protect consumers and debtors from unfair, abusive, deceptive or harassing conduct at the hands of debt collectors. The FDCPA is part of the Consumer Credit Protection Act, and can be found in 15 U.S.C. §1692. According to the FDCPA debt collectors must adhere to certain regulations and collection methods when attempting to collect on unpaid debts. If a debt collector fails to adhere to the rules and restrictions as laid out in the FDCPA, there are rights and remedies consumers have at their disposal to obtain justice and stop abusive collection actions from continuing. It is important to note that the FDCPA does not apply to creditors themselves. Although there are a few exceptions, which a skilled bankruptcy lawyer from the firm will be able to advise you about, the FDCPA primarily applies to third party debt collectors.

If you or a loved one has experienced any of the following prohibited practices from any person or representative of a debt collection agency, you may have the right to pursue legal action to prevent further harassment, and collect financial damages. The FDCPA prohibits debt collectors from:

  • Making threatening or harassing statements towards a debtor.
  • Calling a debtor after 9pm or before 8am.
  • Contacting a debtor at their place of work if asked not to.
  • Threatening physical harm to your person, your reputation or your property.
  • Using obscene or abusive language.
  • Publishing any form of list consisting of debtors who have allegedly refused to pay their debts.
  • Attempting to coerce payment by advertising that your debt is for sale.
  • Continuously making phone calls, over and over in a short period of time in an effort to irritate or harass a debtor.
  • Falsely representing themselves or implying they work for an organization when they do not.
  • Implying they are an attorney or that communications they have sent are from an attorney.
  • Using scare tactics to make the debtor believe he or she has committed a crime.
  • Contacting a debtor directly after he or she has obtained legal representation, and more.

The FDCPA was put in place to protect consumers and debtors from the illegal harassment by debt collectors. If you feel you are being harassed by a debt collector, or you want to find out more about your legal rights to protect yourself against creditor harassment, contact the firm. Over the years, the bankruptcy lawyers at Peter Rasla & Associates, P.L.C. have helped numerous people resolve their debt-related issues. They have an in-depth understanding of the FDCPA and know what it will take to help you stop creditor harassment so you can be free of harassment, as is your right as a consumer in the USA.

To find out how the firm may be able to help you put an end to the creditor harassment you are experiencing, contact an Irvine bankruptcy attorney today.

Categories: Bankruptcy, FDCPA