FDCPA

Hailstone Legal Group > FDCPA

There is no type of harassment that anyone would welcome, but possibly one of the worst and most persistent forms is the harassment that debt collectors aggressively use against debtors. Under Federal and State laws, we are all granted specific rights that protect us from unfair and dishonest business practices including false advertising, deceptive marketing, consumer fraud, identity theft and, through the FDCPA, the right to not be abused by debt collectors has also been granted.

If you have been continually pestered by a collection agency or repossession agent, or if you are experiencing any other form of debt related harassment at the hands of a third-party creditor, you deserve to have someone to stand up to defend you from this injustice. Hailstone Legal Group will use the provisions of the FDCPA to ensure you are treated fairly and compensated when abusive creditors have violated your rights.

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How does the Fair Debt Collection Practices Act Protects You?

This federal law regulates behaviors by third-party debt collectors, which are typically companies who buy a delinquent debt from the original creditor, for example a credit card company. It was put in place by legislators to provide consumers with crucial protections against predatory practices that are unfortunately far too commonly used when trying to collect a debt.

There are five important ways that the Fair Debt Collection Practices Act can protect you from debt collectors:

  1. There are limits on when and how these debt collectors contact you. They are not allowed to call at any inconvenient time, before 8am or after 9pm; or inconvenient place, such as work; and they cannot tell third parties about your debt.
  2. You are protected from the use of profane language and the use of or threatening the use of violence.
  3. They must be truthful and cannot use any false, misleading, or deceptive information such as lying about legal repercussions for not paying or claiming to be a professional or authority figure such as a lawyer or government official.
  4. They are prohibited from unfair practices including requiring postdated checks, collecting more than you owe or taking property that they are not entitled to.
  5. They must validate and prove that you owe the debt which starts with providing you a validation letter and you may also request further details through a verification letter.

 

In late 2021, the Consumer Financial Protection Bureau implemented new rules for the FDCPA intended to help modernize the law. We are fully aware of, ready to educate you on, and able to apply these new rules to protect your rights.

 

Dealing with Creditor Harassment

You do not need to feel helpless when debt collectors are calling for payment. You have more power than you may realize, and Hailstone Legal Group will help you to understand your rights. We have extensive experience using the FDCPA to enforce compliance by creditors when they deal with our clients.

If a debt collector has violated the FDCPA and your rights as granted through this law then they must pay you actual damages, statutory damages of up to $1,000, and attorney’s fees. Hailstone Legal Group will fight to make sure you are protected, compensated when appropriate and try to help you get your financial life back on track. Contact our team today for a free evaluation of your case.