Potential FDCPA Violations

Are you being harassed by collection companies? There are laws those collection companies must follow called the Fair Debt Collection Practices Act (FDCPA). Below are a list of potential FDCPA violations these companies make.

VOICEMAILS

If left wrong, can be a FDCPA violation, as well as an excellent piece of evidence. Everytime a collector calls, they need to say the name of their comapny & reference collection of debt. If they simply say, “This is a mesage for John Smith, my nam is Jon Doe, pls call me at 1800123456,” and hangs up, this is very likely a violation. Non-compliant messages most often omit either the company name and/or the fact that the call is in reference to debt. SAVE all voicemails from collection company.

THREATEN

Threaten you to ruin your credit, refer account to an attorney, Garnishment or repossession, extract money using any method of threat, profanity, etc.

CALLS AT ODD HOURS

A collection company can make calls between 8AM to 9PM.

CALLS AT YOUR WORK

When you have asked them not to (mark the date you asked them to stop calling your work. Try to get their name, was it a man or woman, number they called from, etc). If the collection company calls your work again, it’s a violation of the FDCPA

EXCESSIVE CALLING IN ONE DAY

More than 2 calls per day. Begin keeping a call log immediately. Phone number, date & time called, company name is great but not necessary. Excessive phone calls don’t “start” until you the consumer speak with the collector once to notify collector that you cannot afford to pay the bill at this time. MARK THAT DATE in your call log. If they continue to call after this, it could be an excessive violation

3RD PARTY DISCLOSURE

If they disclose information to anyone but you, your spouse, or a co-signor. “Hi this is Jon from ABC Collection Company, & we’re trying to collect a debt from Jane..” If they tell anybody else besides you or your spouse that info, it may be a violation. It is okay for the collection company to contact someone who has co-signed on an account. Examples of 3rd parties they cannot disclose info to: parents, neighbors, relatives, employers. A 3rd party collection company IS allowed to call a third party to request location information. They CANNOT disclose information that it is about a debt though. The proof required for this violation needs to come from the 3rd party (i.e. email, letter, etc) detailing the conversation had wih the collection company.

STOP THE ANNOYING CALLS

Receive up to $1000 settlement fee (clients average $200-$500). Our attorneys may even be able to get the debt absolved as well as stop the collection from reporting on your credit.

What are 3rd party collection companies?

The are the collection companies that bought the debt from the original creditor. For example, you have a Discover card, it goes to collection, and Discover sells the debt to ABC Collection Company. Now ABC Collection Company is trying to collect the debt. ABC Collection Company is a 3rd party collection company. A lot of times these collections companies do not follow the law and the FDCPA regulations when trying to collect. Now, we fight back!

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FDCPA Violations

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