The FDCPA protects people from unfair and/or unlawful debt collection practices. Below is a list of some of the elements of the FDCPA: A Debt Collector should not:
● Call you repeatedly
● Call you at odd times/places
● Disclose information of your debts to third parties
● Use profane/abusive language
● Contact you after written notification that you do not want to be contacted any further
● Claim to be affiliated with any governmental organization
● Misrepresent the character, amount or legal status of a debt
● Threaten to take any action that cannot be taken legally
● Accuse you of having committed a crime
● Threaten to communicate false credit information
● Attempt to collect even before your request to validate is honored
● Use deceptive methods to collect debts
● Call you before 8:00 a.m. or after 9:00 p.m.
● Call you, but not announce who he/she is
● Attempt or threaten to collect a debt that is too old to enforce under state law
● File any legal action and/or taking a judgment without properly serving the party being sued
● Waiting years after an unlawful judgment has been secured to attempt further collection activities
● Fail or refuse to identify itself as a debt collector
● Speak to others (family, friends, neighbors) about your debt
● Demand unlawfully your social security number, credit or debit card, bank account or e-check authorization
● Fail to send you written details about the debt within 5 days of the first call placed to you
● Claim affiliation with the police, court or any other authority
● Make any false promise to improve your credit score
The FDCPA is primarily designed to protect against unscrupulous debt collection agencies. However, your lawyer can also run afoul of the FDCPA if he or she is not aware of applicable regulations.
Law firms that do a lot of small collection work for businesses are more likely to encounter FDCPA issues, especially when collections makes up most of the lawyer’s practice.
The Voss Law Firm is primarily a litigation firm. If you are having a difficult time collecting a large sum of money from a supplier, distributor or vendor, we can file suit for breach of contract as well as other claims. We are very familiar with the FDCPA and work hard not to damage cases with FDCPA violations. Even if you have a very good claim, FDCPA violations communicate to the defendant that your attorney does not know what he or she is doing. You can’t afford to lose this edge.
If you have any questions about the FDCPA or how it may affect your claim, please give us a call.
What is the Fair Debt Collections Practices Act And How Does It Apply To My Company/Person?
The Voss Law Firm, P.C. represents clients on a local, national and international basis. We proudly serve companies and individuals along the Gulf Coast and around the globe on a contingency fee basis. Our law firm collects nothing unless we recover on our client's behalf.
