Fair Debt Collection Practices Act
What are your rights?
The Fair Debt Collection Practices Act (FDCPA) is a federal law which regulates debt collectors in their conduct while collecting from debtors. It is designed to protect debtors such as yourself from unfair and abusive treatment. It was found that where this occurred, it often contributed not only to emotional stress but also to marital problems, job loss, and unnecessary bankruptcy filings. Invasion of privacy may also be involved.
If your rights are being violated, a San Diego debt lawyer can help you to determine the best course of action to pursue.
Under the FDCPA, a debt collector may not:
- Contact a third party for an improper purpose
- Threaten harm to your credit rating, repossession, wage garnishment, or the referral of your account to an attorney, where these threats are not intended to be followed through with actual conduct
- Contact you before 8am or after 9pm without your permission, or making repeated calls to the point of being a nuisance
- Contact you at inconvenient locations such as your work if you or the employer have requested they not do so
- Inform your employer of the purpose of the call without being asked to do so
- Use obscenity, insults, or racial slurs
- Seek interest charges or collection fees not provided for by your contract or by law
- Request post-dated checks with the intention to seek legal action against you if they bounce
- Sue in a court too distant from where you reside
- Make any false representations in an attempt to collect the debt
Hire Our Bankruptcy Attorney in San Diego
Our lawyer at San Diego Legal Pros takes violations of your rights very seriously. The FDCPA governs practices relating to the recovery of personal debts relating to personal loans, credit cards, retail cards, car loans, medical care, and first and second mortgages. The rules of the FDCPA apply to any agent that regularly collects debts owed to others. In-house collection agents are not usually covered by these laws unless they falsely represent that they are a third party acting on behalf of the creditor. Certain state laws exist which can cover debts and issues not taken into account by federal law. We will do whatever is needed to fight for your rights where they are being violated.