Our firm investigates business entities that have committed some form of fraud or deceptive business practice, which has harmed a group of consumers in a similar manner. We have successfully resolved numerous consumer fraud claims, helping thousands of people recover their losses. For the last six decades, our firm has stood up to unscrupulous corporate organizations to help consumers in a wide range of consumer fraud matters.
What laws govern debt collection practices?
Both federal and state laws protect consumers from unfair and deceptive debt collection practices. The Fair Debt Collection Practices Act (FDCPA) of 1978 is the federal law designed to ensure the ethical collection of debts. It also provides consumers with a means to dispute unfair debt collection practices and seek compensation when they have been the victim of consumer fraud.
State laws also protect consumers against unfair debt collection practices. Many of these laws provide additional protections not allotted by the FDCPA. For instance, the FDCPA applies generally to third-party debt collectors, yet in California, state debt collection laws protect consumers from these third-party collectors and the primary creditor. To learn more about the specific rights in your state, please click here to contact a qualified attorney. Your state’s Attorney General’s office may also be able to inform you of your rights.
The following information will focus on the federal consumer protections contained within the FDCPA.
What types of debts are covered under the FDCPA?
The Act covers household, family, and personal debts, including but not limited to,
Who is a debt collector?
A third-party debt collector is one that regularly collects debts owed to others. This may include debt collection agencies or attorneys. Federal law prohibits third-party debt collectors from using deceptive or abusive practices to collect consumer debts. Most in-house collectors for the primary creditor are not covered by the FDCPA. However, some state laws provide protection against unfair practices used by primary collectors, such as a hospital, credit card company, or mortgage firm’s in-house collection agent.
What must the collector tell me about my debt?
Within five days of initial contact, the debt collect must send you a written notice about the amount of money you owe, to whom that debt is owed, and what action to take if you feel you do not owe any money. A collector may not tell anyone besides you and your attorney any details about the debt.
How can I stop a debt collector from contacting me?
You can get the collector to stop contacting you by submitting a written letter to the collector asking them to cease contact. They will be prohibited from contacting you again unless they notify you regarding the specific actions they intend to take i.e. that your account is being given to an attorney. It is important to note that requesting the termination of contact does not terminate your debt. The debt collector or primary creditor may still sue you for the money you owe.
If you send a letter to the collector within 30 days of receiving a written notice of dues—stating that you do not owe any money— a collector cannot contact you again unless they send you proof of your debts, such as a copy of the invoice.
What debt collection practices are unlawful?
Federal and state law prohibits many methods of debt collection. Please see our section on what a debt collector can and cannot do when trying to collect your debt. In general, laws require debt collectors to treat you fairly at all times.
What can I do if I feel my rights have been violated?
Consumer protection laws allow consumers to file reports about debt collection violations. Both the Federal Trade Commission and the Attorney General in your state are available to receive your consumer fraud complaint.
You may also be able to file a consumer fraud lawsuit to fight back against an unscrupulous debt collector. The best way to protect your legal rights is to contact a qualified attorney if you feel your rights may have been violated. Please contact us to speak with a lawyer experienced in handling similar cases of debt collection violations.
Consumer fraud class action lawsuits are specifically designed to help individuals who have been similarly aggrieved to pursue a common goal – namely to hold the deceptive business accountable for any damages suffered. Thus, consumers who have been defrauded by a corporation or other entity may file a consumer fraud class action lawsuit on behalf of themselves and others to seek compensation for their shared grievance.
If you feel you have been the victim of consumer fraud or any type of fraud, please contact us to learn about your legal rights and options. WE VALUE YOUR PRIVACY: any information you provide on this secure form will be held in the strictest confidence and will only be used by our attorneys to determine how we can help you.
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