Tuesday, November 28, 2006

The Fair Debt Collection Practices Act


The Fair Debt Collection Practices Act FDCPA is a Federal act designed to help protect consumers who are being harassed, abused, threatened, or intimidated by collection agencies, debt collectors, and collection attorneys. The FDCPA applies to collection agencies, creditors using false names, creditors collecting for other creditors, collection attorneys, purchasers of old and delinquent debt, repossession companies, and suppliers or designers of deceptive collection letters (forms). The Fair Debt Collection Practices Act typically excludes creditors collecting their own debts, which includes banks and credit card companies like Visa, MasterCard, American Express, MBNA, Chase, Citibank, etc. Currently there are 49 states that are governed by the FDCPA.
The Fair debt Collection Practices Act allows consumers a chance to help regulate the debt collection industry, which has been historically abusive. Despite its abusive nature, a few debt collectors do not violate state and federal laws, but 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 that they may not have had to pay.
The Fair Debt Collection Practices Act enables consumers to receive $1,000.00 in statutory damages, together with actual damages, plus attorneys fees and costs. By contacting a lawyer in your state located on our attorney directory page, he or she should listen to the particular facts of your case and determine whether or not a debt collector has violated the FDCPA and take your case.
Creditors collecting various kinds of debt including credit card debt, hospital bills, phone bills, mortgages, and leases violate the FDCPA every day, and continue to do so because many people do not know what constitutes a violation of the Fair Debt Collection Practices Act.
  • Contacting Consumers at inconvenient times;
  • Making repetitive phone calls;
  • Harassment and verbal abuse;
  • Threatening to harm one's person or reputation;
  • Contacting a consumer when the debt collector knows that the consumer is represented by an attorney;
  • Contacting a consumer if the debt collector knows the the debt is disputed and the consumer has requested verification of the debt.

There are many more examples of FDCPA violations. Please go to our FDCPA violations page to see a complete list of Fair Debt collection Practices Act violations.

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