Subhan Tariq, Esq
The Significance of The FDCPA
If debt collectors are pressuring you for an unpaid bill, you have legal remedies available. The Fair Debt Collection Practices Act (FDCPA) safeguards you against unlawful or bothersome debt-collection behavior. If it can be demonstrated that a debt collector violated the law, the FDCPA may provide you with compensation. However, you may be unaware of how to go about receiving the compensation to which you are entitled. There are several key steps involved in determining whether your rights are being infringed and whether you can legally hold a debt collector accountable. Find out more about the FDCPA and what you can do to ensure that you are compensated for the debt collector's illegal acts.
What is The FDCPA?
The Fair Debt Collection Practices Act is a federal law that limits how a debt collector can attempt to collect a debt. When debt collectors use abusive or harassing tactics, they are breaking the law. You may be able to sue a debt collector for damages if they violate this law. Here are a few examples of debt collection behavior that would be illegal and can be held liable in a court of law for damages.
Not identifying themselves as a debt collector
Using derogatory or profane language
Excessive phone calls
Calling during restricted hours
Failure to provide debt verification
Trying to reach you at work
You have been lied to or misled about your debt.
Using violence or making threats
Trying to make contact with a third party about your debt.
The following examples mentioned above may constitute a violation of the FDCPA, and you may be entitled to monetary damages. You may also be able to claim additional damages if it can be indicated that the violation caused you direct harm. It is critical that you understand that under the FDCPA, not everyone who attempts to collect on a debt is considered a debt collector. According to the FDCPA, a friend or family member attempting to collect the money they loaned to you is not considered a debt collector. The law will only classify individuals as debt collectors if they are doing so on behalf of another person or business. The most common examples are collection agencies and companies that buy debt from others.