December 1st, 2011
Most consumers who have enountered aggressive collection agencies via telephone are aware of some of their conduct which violates the Fair Debt Collection Practices Act (FDCPA): Threats of action that the collector has no ability or intent of pursuing; disclosure of debt to third parties; and repeated calls to your place of employment after receiving notice to cease. However, it is also possible for collection agencies to violate the FDCPA through the language they use in their written correspondence with consumers. If the collection agency fails to include the curretn balance of the debt in their initial written communication, you may be entitled to a claim under the FDCPA.
Additionally, if the collection agency includes language demanding that the debt be paid immediately, you may be entitled to a claim under the FDCPA. The collection agency is also required to provide language in their written correspondence regarding your 30 day time frame to dispute the debt. If you believe you have received a collection letter that is missing essential information concerning the debt or if there is language that appears to demand money sooner than or in contradiction to your 30 day period to dispute the validity of the debt, please contact us at 866-339-1156 to find out if you have grounds for a claim.
-Jonathan H.
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October 24th, 2011
Consumer complaints against debt collection agencies accounted for over 11% of the total complaints filed with the Federal Trade Commission (FTC) in 2010. With this sharp rise in the level of debt collection harassment complaints, the federal government created the Consumer Financial Protection Bureau (CFPB) to oversee the regulation of third party debt collection agencies, their practices, and the law that governs their interactions with consumers. That law is called the Fair Debt Collection Practices Act (FDCPA). In the past, the FTC has been unwilling or unable to adequately enforce the provisions of the FDCPA and this task of standing up for consumers now passes to the CFPB. However, an aggressive lobbying effort on behalf of debt collection corporations and creditors has sought to limit the power of the CFPB to strengthen and enforce consumer protection laws such as the FDCPA. If the government fails to protect consumers, to whom can they turn?
Due to the FDCPA’s inclusion of private rights of action by consumers against harassing third-party debt collectors, the consumers themselves can stand up for their own rights. If you are threatened with lawsuit, garnishment, or arrest, you may have been subject to illegal debt collection activity. If you receive calls from a collection agency at work after a request to stop you may have a case against that agency. If you’ve retained an attorney to file bankruptcy, explained this to the debt collector and continue to receive calls, the debt collector is violating the law. If your friends, relatives, or co-workers are receiving calls from a collection agency looking for you, you can get these calls to cease.
The first step a consumer should take when being harassed by a debt collector is to keep a record of everything. Names, dates, telephone numbers, account numbers, and any threats received should be written down. All mailings, court documents, and voicemails should be saved. The next step is to contact a competent consumer rights attorney who specializes in Fair Debt Collection Practices Act cases. Fill out the free case evaluation on this website and you can find out if you have been subject to illegal debt collection activity. You may recover damages from these collection agencies as a result of their illegal activity.
You can also contact the CFPB at www.consumerfinance.gov and let them know you want the protections under the FDCPA to be strengthened to include higher damage awards for consumers and application of the FDCPA to include original creditors.
-Nicholas Prola, Esq.
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December 11th, 2009
Happy Holidays from www.fairdebthelpers.com!
-Jeffrey
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