Debt Collection Harassment is Illegal

Dealing with debt collectors can be stressful, especially if they engage in harassment or unfair practices. The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to ensure that debt collectors treat consumers fairly. If you are experiencing harassment from debt collectors, it is important to know that the FDCPA provides you with rights and recourse.

What is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA was enacted to eliminate abusive debt collection practices. It applies to personal, family, and household debts, including money owed for medical care, credit card debt, auto loans, and mortgages. The FDCPA does not cover business debts.

Prohibited Debt Collection Practices

Under the FDCPA, debt collectors are prohibited from using abusive, unfair, or deceptive practices to collect debts. Some key prohibited practices include:

• Harassment: Debt collectors cannot harass, oppress, or abuse you. This includes threats of violence, obscene language, and repeated phone calls intended to annoy or harass.
• False Statements: Debt collectors cannot lie about the amount you owe, falsely claim to be attorneys, or threaten legal action they do not intend to take.
• Unfair Practices: Collectors cannot engage in unfair practices such as depositing a post-dated check prematurely or collecting more than what is legally permitted.

Your Rights Under the FDCPA

The FDCPA provides consumers with several rights to help ensure fair treatment:

• Communication Control: You have the right to control how and when debt collectors communicate with you. For example, you can request that they only contact you at certain times or through specific methods.
• Cease Communication: You can request that debt collectors stop contacting you entirely. Once they receive your written request, they can only contact you to confirm they will stop or to inform you of specific actions being taken, such as a lawsuit.
• Validation of Debt: You have the right to request validation of the debt. Within five days of their initial contact, collectors must send you a written notice detailing the debt amount, the creditor’s name, and how to dispute the debt.

Taking Action Against Violations

If a debt collector violates the FDCPA, you have the right to take action. You can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office. Additionally, you can sue the debt collector in federal or state court within one year from the date of the violation.

How Martin & Bontrager, APC Can Help

At Martin & Bontrager, APC, we understand the stress and frustration that comes with dealing with debt collectors. Our attorneys are dedicated to helping clients understand their rights under the FDCPA and taking action against unlawful debt collection practices. If you believe your rights have been violated, our team is here to provide guidance and support.

Empower Yourself With Knowledge

Understanding your rights under the FDCPA is crucial in protecting yourself from abusive debt collection practices. If you need assistance or have questions about your specific situation, Martin & Bontrager, APC, is here to help you navigate the complexities of debt collection laws and ensure your rights are upheld.