You don’t have to take it when debt collectors act in ways that violate your rights under the Fair Debt Collection Practices Act (FDCPA). This act has many nuances and with the help of a seasoned attorney familiar with FDCPA law you can end the harassment and may receive a monetary remedy as well.
If you are experiencing any of the FDCPA violations listed below, contact the attorneys at Robinson & Henry immediately for an assessment. Even if debt collectors are contacting you in an annoying manner that is not identified below, make the call to Robinson & Henry at 303-688-0944. We have a variety of strategies at our disposal to help you gain relief from violators of FDCPA law.
Fifteen Actions That Are FDCPA Violations
- Making a collection call before 8 a.m. or after 9 p.m. The law holds that night is a time when the debtor has a right to rest, relaxation and uninterrupted sleep. It is off limits to collectors.
- Attempting to collect on a debt you do not owe. You’d be surprised how often collection companies indicate a debt is owed when it has been paid off long ago or never even existed.
- Implying to you that the collector is representing the courts, police or other government entity.
- Making threats to take actions the company has no intention of carrying out.
- Threatening you with jail or arrest if the debt isn’t paid.
- Asking you to pay interest or any extra fees to the collection company beyond what you owe the original person or company with whom you incurred the debt.
- Talking anyone else (other than your spouse) about your debt without your express permission.
- Using foul or abusive language in their contact with you.
- Contacting you at work after you have told them your employer doesn’t want these calls.
- Failing to send a written debt validation notice within five days of making initial contact with you.
- Failing to let you know you have the right to dispute the debt within 30 days of after receiving written debt validation.
- Continuing to contact you about the debt after being given written notice to cease communication. Once the collector has received this written notice, the agent can contact you only one more time, in writing, to let you know the following:
- they will cease further efforts to collect the debt,
- the actions the collector may take, or
- the actions the collector is definitely going to pursue.
- Threatening you with the possibility of bodily harm or other violence if you don’t pay the debt.
- Leaving an answering machine message without revealing that he or she is trying to collect a debt and giving a personal and company name.
- Threatening you with wage garnishment or seizure of property without indicating that first the creditor will have to win a court judgment.
If you sue a collection company for FDCPA violations, you may be able to collect damages for physical or emotional distress, wages lost if you’ve had problems at work because of debt collectors’ calls, and return of garnished wages. Over and above these awards, you also may be eligible for up to $1,000 in damages if you can prove that FDCPA violations were committed. When you sue for FDCPA violations, the court often also awards the debtor’s attorney’s fees and costs.
The message is that there are strict limits on how creditors and collection companies must act in their efforts to collect debts. If you think your rights may have been violated, call the skilled Castle Rock, Colorado lawyers at Robinson & Henry. Phone 303-688-0944 today for immediate help and an assessment.