Fair Debt Collection Practices Act (FDCPA) | On your debt



The Fair Debt Collection Practices Act (FDCPA) can be found at 15 USC § 1692. It is a very powerful federal consumer law, packaged in just six pages. The FDCPA was promulgated by Congress on September 20, 1977 and came into effect six months later. In formulating the law, Congress formulated the objectives of enacting the legislation as follows: “There is ample evidence of the use of abusive, deceptive and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, marital instability, loss of jobs and invasion of individual privacy. 15 USC § 1692 (a).

For there to be a violation of this law, there must be a consumer debt, a debt collector, and a violation of the law. It is important to note that this law only covers consumer debts and does not cover business or professional debts. Debt should be for personal, family, or household purposes such as medical bills, utility bills, insurance bills, personal loans or credit cards, etc. The following areas are NOT under the jurisdiction of the FDCPA: child support, income tax, or tort claims such as car accidents. The relevant debt collector must be a third party debt collector. Note that the original creditor itself is excluded from the definition of a debt collector and only applies to a third party debt collector.

Whether the communication or other conduct of a debt collector violates the FDCPA is determined by the courts by analyzing it from the perspective of the least informed consumer, and this is to ensure that the FDCPA protects all consumers, the gullible as well as the astute. There are four keys to deciding whether there is a violation of the FDCPA: Was the communication untrue, unfair, unworthy or disrespectful? Interestingly, it doesn’t matter whether the debt is actually owed or not.

If you believe that you are being unfairly harassed by a third party debt collector under the FDCPA, please do not hesitate to contact us as we practice in this area of ​​the law. Additionally, please use search engines such as Google or Bing to see who is contacting you and, if possible, get the full name of the debt collector as well as the full mailing address, city, state and zip code. . In addition, it is very important to keep detailed notes if you start to be harassed in a deceptive, unfair, undignified or disrespectful manner by a debt collector. Please make detailed notes whenever you are contacted in this disrespectful manner and be sure to write down the time of the call, date, number the call came from, how the person identified themselves and what exactly was said by them and by you. It is also very important to ensure that you keep all letters and / or correspondence received from the debt collector.

Bond & Botes helps people with debt

We are local and offer a free confidential face-to-face consultation. We also offer free consultations from the comfort and security of your home or office by phone and / or video with an experienced lawyer if you wish. Let us solve your financial problems. There is no obligation, and that means there is no downside to putting together the information you need to make good decisions on how to break the stress cycle of debt and move on. the front. We can answer all of your questions regarding Chapter 7 bankruptcy, Chapter 13 bankruptcy, stopping a foreclosure or wage garnishment, avoiding lien, stopping lawsuits, ” medical debt, personal loans, payday loans, credit card debt, etc. We can relieve your stress! We want to help you and we can help you!

Bond, Botes, Sykstus, Tanner & McNutt, PC

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