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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