Are You a Victim of Ruthless Collection Practices?

Encounters with a debt collector can be one of the most stressful and degrading experiences a consumer ever experiences.

Obscene language, harassing calls, threats, and embarrassment by collectors contacting employers, family, and neighbors. Debt collection efforts may affect your job, your credit report, and even information in medical files.

Although collection agencies have a job to do, there are limits on how far a debt collector can go.  The federal statute known as the Fair Debt Collection Practices Act (or FDCPA) provides important protection to individuals, and subjects debt collectors and attorneys working in collections to penalties for violations.

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What Constitutes a Violation of the FDCPA?

The most common violations include:

• Threatening to garnish your wages;
• Threatening to charge you with a crime;
• Threatening to take your home, car, or other non exempt assets;
• Threatening to tell your employer, neighbors, or friends;
• Suing or threatening to sue on a time-barred debt;
• Telling you they are a law office when they are not;
• Cursing you, or using language likely to abuse you;
• Calling you at work when they have been notified that you are not allowed to receive personal calls;
• Misrepresenting the amount owed;

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Have Abusive Debt Collectors become the Norm rather than the Exception?

It is a matter of public record that the debt collection industry has historically been very abusive to the consumer. Creditors attempting to collect debts such as credit card debt, hospital bills, phone bills, mortgages, and leases violate the FDCPA every day.  Unfortunately, they continue because too many people do not know about their rights under the Fair Debt Collection Practices Act.

In 1977, Congress passed a law called the Fair Debt Collection Practices Act ("FDCPA"), designed to protect consumers from abusive collectors. Even if you owe a debt or a portion of a debt, that does not give anyone collecting a debt the right to say or do anything beyond what the law allows them to do when collecting a debt. 

Lawmakers originally designed the FDCPA to allow consumers to have a chance to help regulate this industry. Because of the sheer volume of high consumer debt, many debt collectors go unpunished and even unnoticed for violating the FDCPA. Their violations often lead to consumers paying debt they may not have had to pay.

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