All the debt collectors should strictly adhere to the terms of Fair Debt Collection Practices Act (FDCPA) when they have to collect a consumer debt from the debtors. The FDCPA is very specific about certain things that a debt collector must do, versus things that a debt collector must not do, all in the process of collecting debt. In fact, this particular law limits the activities of debt collector such as the appropriate time to call the debtor, the type of language that is prohibited. For instance, under FDCPA, when you request that a bill collector stop calling you at your workplace, your rights have been triggered and the collection agency must comply. Here are a few essential steps that you should consider if you think that a debt collector has violated your rights.
Maintain Records
It is advisable that you should keep a track of all of the actions taken by a debt collector, both the legal ones, as well as the illegal ones. For instance, if a debt collector is communicating with you in writing, you should consider keeping a telephone log including as much information as possible: date, time, caller ID, name of the collector, who they are collecting for, the highlights of the conversation, and whether any offer of settlement was made. If you are being dunned for a debt that you previously paid – whether in full or in part – it would be helpful for you to be able to access old records showing that those payments had been made. Very often, the most powerful evidence of a harassing debt collection call is a recording. For more valuable suggestions, and a determination of whether you have grounds to file a lawsuit,you should get in touch with an FDCPA attorney.
Submit your complaint to the appropriate State agency
Make sure that you should submit your complaint against an abusive debt collector to the appropriate local agencies. The very same copy of your complaint can be filed with the Attorney General and the Better Business Bureau where you reside. The Texas Attorney General and the Better Business Bureau throughout the country are each set-up in a way that they can accept consumer complaints on its official website.
Send report to Federal Trade Commission
Although Federal Trade Commission or FTC and the Consumer Financial Protection Bureau or CFPB do not necessarily resolve each and every consumer complaint, your particular report will help build their databases. A significant number of complaints against any collection agency may lead to thorough investigation against the deceptive practices adopted by a particular debt collector, if not a major lawsuit.
Go to the court
Your next option is to sue the debt collector in the court in order to get damages you have suffered due to illegal actions adopted by the particular debt collector. Under the federal law, the FDCPA carries a one-year statute of limitations from the date that the violation occurred.
Submit your complaint to the appropriate State agency
Make sure that you should submit your complaint against an abusive debt collector to the appropriate local agencies. The very same copy of your complaint can be filed with the Attorney General and the Better Business Bureau where you reside. The Texas Attorney General and the Better Business Bureau throughout the country are each set-up in a way that they can accept consumer complaints on its official website.
Send report to Federal Trade Commission
Although Federal Trade Commission or FTC and the Consumer Financial Protection Bureau or CFPB do not necessarily resolve each and every consumer complaint, your particular report will help build their databases. A significant number of complaints against any collection agency may lead to thorough investigation against the deceptive practices adopted by a particular debt collector, if not a major lawsuit.
Go to the court
Your next option is to sue the debt collector in the court in order to get damages you have suffered due to illegal actions adopted by the particular debt collector. Under the federal law, the FDCPA carries a one-year statute of limitations from the date that the violation occurred.
Need help from a consumer rights debt collection attorney? Wish to get legal assistance regarding other consumer rights? Get in touch with Karni Law Firm, P.C. Ms. Karni tackles lawsuits that are related to post judgment debt defense, credit card debt defense, lawsuits against debt collection, and auto fraud issues.
This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.
This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.
Follow us on @Twitter| FDCPA lawyer
No comments:
Post a Comment