San Diego Bankruptcy Lawyer Protecting Your Privacy – (888) 875-9190
The Fair Debt Collection Practices Act (FDCPA) and the California Fair Debt Collection Practices Act (CFDCPA) both protect you from illegal and unjustified forms of creditor harassment. This does not mean that a crafty, desperate, or uninformed creditor or collection agency will not violate the law in pursuit of your finances. If you have been bothered by the actions of a debt collector or creditor and believe you might be targeted by creditor harassment, it is time you stand up for yourself and do something about it.
CFDCPA and other restrictions apply to the following groups and businesses:
- Professional collection agencies
- Creditors possessing an original debt
- Lawyers who represent collection agencies
- Any business that makes debt collection “tools”
Does the group that has been contacting you about your credit card debt, mortgage, or other forms of owed finances fit into the aforementioned list? San Diego Legal Pros and our San Diego bankruptcy attorneys are here to shield your rights. We have a long history of helping our clients find ways to stop creditor harassment and ultimately discharge their debts.
Let us talk about your options together. Call (888) 875-9190 for a free consultation.
Prohibited Creditor Actions & Other Restrictions
Within the CFDCPA, there is a fairly extensive list of the activities that creditors and debt collection agencies cannot do when trying to collect on owed finances. If any of these restrictions are violated, it constitutes illegal creditor harassment.
Some of the most important restrictions and regulations against creditor harassment are:
- Nonthreatening language: At no point can a creditor or debt collection agent use language that is threatening, intimidating, or abrasive. This is one of the most common, if not the most common, way a creditor will violate federal and state laws. Be mindful of all communications, look for subtle threats, and provide copies or transcripts to your lawyer.
- Limited communications: Creditors have to get through several restrictions before reaching out to contact you. In particular, the number of phone calls they can make in a given period of time must not be in excess. Phone calls also cannot be made outside of reasonable hours. If you ever get a call from a creditor early in the morning, late at night, or directly to your workplace, tell our attorneys right away.
- Uphold privacy: Your private information must remain so while a collector is pursuing your debts. Some creditors will post your name in public publications or call your friends, family, and employer about your debt. This is not upholding your privacy and is not to be tolerated.
- Honesty: Whenever you are contacted by a collector, you must be told upfront who they are, who they represent, and what debt they are attempting to collect. Any misrepresentation or deceit can constitute creditor harassment.
- Attorney representation: After you retain an attorney to handle your debt collection case, you can instruct that legal professional to be the liaison between you and the creditors. Once this link has been made, the creditors or collection agents are not to speak to you; instead, communications should be sent to your attorney’s office.
Our San Diego Debt Relief Lawyer Wants to Uphold Your Rights
At San Diego Legal Pros, we know it is important to protect you from degrading, upsetting, and outright illegal behaviors often conducted by debt collection agencies and creditors. No matter how far you are in debt, you do not deserve to be mistreated. What is even worse is that creditor harassment can negatively impact your career, put stress on your marriage, and generally create the feeling that you have no privacy.
Our San Diego debt relief attorneys are here to remind you that you are not alone in this struggle, and that you have your options to counteract or correct it. If the breaches of your rights have been egregious, we might even be able to help you create a lawsuit against the creditors that could end in your compensation. We can also explore your bankruptcy options and how an automatic stay can stop creditors in their tracks.
Ready to begin? Contact our office at your first opportunity.