Did you know that you have certain rights under the Fair Debt Collection Practices Act?
Many have never encountered a debt collector. Some may be fearful or reluctant to take a debt collector’s call or read letters about credit card debts they owe. Experts say consumers should face the facts and deal with debt collectors, but also know and understand their rights and protections.
Can a debt collector call you repeatedly at work if your boss doesn’t allow it? Falsely threaten to sue you or take your house if you don’t pay up on old credit card bills? The answer to both questions: not legally. It is a violation of the FDCPA for a debt collectors to do the following:
- Call you before 8 am or after 9 pm
- Call your place of employment;
- Use profane or abusive language;
- Threaten to sue you, arrest you, harm you, or destroy your credit;
- Talk to others (other than your spouse) about your debt;
- Robocalling your cell phone;
- Call you repeatedly for the wrong person;
- To not identify themselves when calling you; and
- Contact you after you’ve asked them not to.
- A debt collector cannot use false, deceptive or misleading practices. This includes any misrepresentations about the debt, including:
- The amount owed;
- That the person is an attorney;
- False threats to have you arrested
- Threats to proceed in a manner that they have no intention of doing.
- The debt collector must notify you of your right to dispute the debt and send you a letter within five (5) days of their first communication.
If a debt collector has done any of the above, or, if you feel that you are being harassed by a debt collector for any reason, you should contact us for a consultation.
If it is found that a debt collector has violated the FDCPA, you can receive up to $1000 in statutory damages. It is important to keep records of all phone calls and copies of all letters sent to you by debt collectors. If you have questions or would like to discuss we will arrange for you to speak with an attorney that will file and proceed with your case at no cost to you.
Contact your Fuoco Group advisor today or call us 855-534-2727
