FDCPA

Federal Fair Debt Collection Practices Act

The federal Fair Debt Collection Practices Act (FDCPA) consists of a broad area of laws that debt collectors (bill collectors, collection agencies, creditors) must follow when attempting to collect debt.  In order to make this text as short as possible and right to the point, I have not included every single law a debt collector must follow.  Thus, if you believe a debt collector has violated or may have violated your rights, please contact us for a free consultation.

You Won’t Pay a Penny for Our Representation!

We all understand that lawyers and litigation can be very expensive.  Thankfully, there are statutes that contain fee shifting provisions which provide upon the successful resolution of your case, the DEFENDANT MUST PAY the reasonable attorneys’ fees incurred in carrying out your case.  Thus, you are essentially provided access to the legal system at no out of pocket cost.

What a Debt Collector Cannot Do

Under the FDCPA, a debt collector must NOT harass, oppress, or abuse any person in connection with the collection of a debt.  Examples of such violations, along with others, include:

    • The use or threat of violence or other criminal means
    • Threats of lawsuit
    • Accusations of crime
    • The use of obscene or profane language
    • Threats of wage garnishment
    • The advertisement for sale of any debt to coerce payment of the debt
    • Causing a telephone to ring repeatedly or continuously
    • Calling you early in the morning or late at night
    • Anonymous calls
    • Using false names
    • Calls at work
    • Calls to friends, neighbors, or co-workers
    • Attempts to collect more than you owe
    • Other debt collection abuse

What You May Be Entitled To Under The FDCPA

If you have experienced any of the above abuse, you may be entitled to compensation.  Successful FDCPA claims automatically entitle the prevailing party to receive statutory damages of up to $1,000, be reimbursed for attorney fees and costs, and put a stop to debt collectors from harassing you.   Compensation may also include actual damages, such as medical bills and lost income.  Other claims against a debt collector may include:

    • Intentional or negligent infliction of emotional distress
    • Violation of Telephone Consumer Protection Act
    • Invasion of privacy
    • Violation of Fair Credit Reporting Act

The Law Office of Eric Sapir Can Help

The Law Office of Eric Sapir can put a stop to harassing phone calls, threats, and other harassment while punishing harassing debt collectors for violating your rights.

To help your case, it is important to keep all letters, envelopes and enclosures that the harassing debt collector mailed you.  Keep a log about phone calls from the harassing debt collector that includes the date, time, who called, and all the details you remember from the conversation. Also, record all voice mails from the harassing debt collector.

You have a limited time to act or your rights may be lost. Remember, you have one year from the date the FDCPA violation occurred to file suit against harassing debt collectors.

        

Privacy Policy - Disclaimer - Contact Us - Links