Fair Debt Collection Practices Act

Our Attorneys Stop Harassment Or Abuse From Debt Collectors

Protection For Debtors Under The Fair Debt Collection Practices Act

Are you dealing with harassing calls from creditors? Constant badgering and automated calls?

You do not have to tolerate creditor harassment. You have rights, and our attorneys can help you. We sue debt collectors for violating our client’s rights. With decades of combined experience and knowledge in protecting clients from debt collection, we will take an aggressive approach to get you the results you need.

At Kazerouni Law Group, APC, in Costa Mesa, California, we sue creditors under the Fair Debt Collection Practices Act (FDCPA). Our FDCPA lawyers combine extensive knowledge and an aggressive litigation approach to ensure our clients have the full protection available to them under the law.

What is The Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted in 1977 that provides guidelines and regulations to protect consumers from abusive and unfair debt collection practices. It is enforced through the Federal Trade Commission (FTC). Its primary purpose is to promote fair treatment and prevent harassment by debt collectors while ensuring debtors have rights and avenues for recourse. Under the FDCPA, debt collectors are defined as individuals or entities engaged in the business of collecting debts on behalf of others. This includes collection agencies, attorneys who regularly engage in debt collection, and third-party debt collector companies that buy and collect debts. The FDCPA sets forth specific requirements and limitations on how debt collectors can interact with debtors. It prohibits deceptive, abusive, and unfair practices, and it outlines the rights and protections available to debtors. Through various amendments over the years, the FDCPA protects individuals against all types of FDCPA violations.

3 Ways The Fair Debt Collections Practices Act Protects You

The FDCPA explicitly prohibits debt collectors from engaging in certain practices when attempting to collect a debt. These prohibited practices protect consumers in the following ways:
  1. Harassment or abusive behavior: Debt collectors are prohibited from using threats, profanity, or any form of harassment to coerce debtors into paying their debts. They cannot make excessive or annoying phone calls, use obscene language, or engage in any conduct that is intended to abuse or intimidate debtors.
  2. False or misleading representations: Debt collectors are prohibited from making false or misleading statements regarding the amount of debt owed, the consequences of non-payment, or their identity. They cannot misrepresent themselves as attorneys or government representatives, nor can they provide false information about legal actions or the impact on the debtor’s credit.
  3. Unfair or deceptive practices: Debt collectors are prohibited from engaging in unfair practices that deceive or mislead debtors. This includes threatening legal action they cannot or do not intend to take, misrepresenting the character or status of the debt, or attempting to collect additional fees or charges that are not legally allowed.

What Rights Do You Have Under the FDCPA?

The FDCPA grants debtors certain rights and protections to ensure fair treatment during the debt collection process. These rights include:
  • Right to validation of debts: Debtors have the right to request validation of the debt in writing within 30 days of receiving the initial communication from the debt collector. Upon request, the debt collector must provide information verifying the debt, such as the amount owed, the original creditor, and any relevant documentation.
  • Right to cease and desist: Debtors have the right to request that debt collectors cease all communication with them. If a debtor sends a written request to cease communication, the debt collector must comply, with a few exceptions such as notifying the debtor of legal actions.
  • Right to dispute the debt: Debtors have the right to dispute the debt if they believe it is inaccurate, or incomplete, or if they have any other valid reasons for disputing it. The debt collector must investigate the dispute and provide a response.
By understanding the purpose of the FDCPA, recognizing the prohibited practices, and being aware of their rights and protections, debtors can assert their rights and take appropriate action if they believe a debt collector has violated the FDCPA.

The Power To Fight Back

The FDCPA gives people like you the power to defend yourself and fight back against creditors who are harassing you. Our lawyers can look over your situation to uncover potential violations of the FDCPA or other similar regulations. We can force debt validation if you feel like a creditor is trying to collect on an invalid debt, and we can find a number of ways to stop creditor harassment. Although every licensed creditor or collection agency should be well aware of the laws prohibiting certain collection actions, they continue to violate the laws and harass debtors. Our debt protection law firm sues debt buyers, banks, lenders, and debt collection agencies. We know the tactics debt collectors use. We use federal and state debt collection laws to protect our clients from creditor harassment and illegal collection activities.

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