Could the FDCPA Help You?
When it comes to consumer protection, far too many people lack sufficient knowledge of their rights. This is especially true in the realm of debt collection. Regular consumers find themselves subjected to routine abuses that make it harder to live their lives, and in many cases, they don’t even know that alternatives exist.
The Fair Debt Collection Practices Act, or FDCPA, is supposed to keep you safe from abusive debt collectors, but it doesn’t always work as intended. Fortunately, when the law fails you, you don’t have to settle for falling through the cracks. At Crimson Legal Group, we have the legal experience you need to improve your standing. Here’s what you should know.
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FDCPA Essentials.
How does the FDCPA limit bad debt collection activities and increase fairness for consumers? The law’s main power lies in the fact that it expressly prohibits conduct that it deems abusive or deceptive, such as when collection agencies
- Falsely threaten you with legal action or arrest,
- Try to extort you into paying more than you should,
- Attempt to embarrass you into paying,
- Verbally abuse you,
- Ignore your requests not to be contacted at your work,
- Try to misrepresent themselves or trick you into paying, or
- Harass you after you tell them to go through an attorney.
Debt collectors are also forbidden from talking about your debt with third parties or falsifying information on your credit report. Interestingly, the law also makes it mandatory for them to identify themselves and provide extensive notification of their intentions each time they communicate with you.
Taking Back the Power.
If the FDCPA has a key takeaway, it’s that the consumer should always be in charge of their relationship with debt collectors. For instance, you have a right to dispute a debt or ask a collector to verify it within 30 days, and if you’re tired of being contacted by a collection agency, then you can demand that they stop trying to reach you.
The FDCPA is an enforceable law. If a collector violates your rights, you can sue them to obtain your lawyer’s fees and statutory damages, and you don’t have to prove that you actually sustained damages.
Putting the FDCPA to Work.
Your experience with the FDCPA comes down to having effective representation and a sound legal argument. Not every case is guaranteed to win, so preparation is vital. Learn what kind of footing you’re standing on by talking to a Crimson Legal Group attorney for a free consultation.