Dealing with debt collectors can be stressful, but as a consumer, you have rights protected by federal law. The Fair Debt Collection Practices Act (FDCPA) was designed to protect consumers from abusive, deceptive, or unfair debt collection practices. This blog post will explain your rights under the FDCPA, common violations to watch out for, and how Credo Legal can help if your rights are violated.
 

What Is the FDCPA?

The FDCPA is a federal law enacted in 1977 to regulate the behavior of third-party debt collectors. It applies to individuals and companies that collect debts on behalf of others, such as collection agencies, debt buyers, and lawyers who regularly engage in debt collection.

The FDCPA sets clear rules for how debt collectors can interact with consumers and imposes penalties for those who violate these rules. It ensures that consumers are treated fairly and protects them from harassment or abuse during the debt collection process.
 

Your Rights Under the FDCPA

The FDCPA grants consumers several key rights, including:

1. The Right to Be Free from Harassment

Debt collectors are prohibited from engaging in harassing behavior, such as:

• Making threats of violence or harm
• Using obscene or abusive language
• Repeatedly calling to annoy or harass you

2. The Right to Accurate Information

Debt collectors must provide accurate information about your debt, including:

• The amount owed
• The name of the original creditor
• Documentation proving that the debt is valid

3. The Right to Written Validation of Debt

Within five days of their first contact, debt collectors must send you a written notice that includes details of the debt and your rights to dispute it. You have 30 days to request validation of the debt if you believe it’s inaccurate or invalid.

4. The Right to Dispute the Debt

You have the right to dispute the debt if you believe it’s not yours, is inaccurate, or has already been paid. Once you dispute the debt, the collector must stop collection efforts until they provide verification.

5. The Right to Control How and When You’re Contacted

Debt collectors cannot contact you:

• Before 8 a.m. or after 9 p.m. (unless you agree)
• At work if you’ve informed them that your employer prohibits such calls
• After you’ve requested in writing that they stop contacting you

6. The Right to Sue for Violations

If a debt collector violates the FDCPA, you have the right to sue them in state or federal court. You may be entitled to damages for harm caused by the violation, as well as reimbursement for attorney’s fees and court costs.
 

Common FDCPA Violations to Watch For

1. Misrepresentation

Debt collectors may not lie about the amount owed, claim to be attorneys if they’re not, or falsely state that you’ll be arrested for not paying a debt.

2. Unauthorized Fees or Charges

Collectors cannot add fees, interest, or charges that are not authorized by the original agreement or permitted by law.

3. Threatening Legal Action Without Basis

It’s illegal for collectors to threaten lawsuits, wage garnishments, or property seizures if they don’t intend to follow through or lack the legal authority to do so.

4. Contacting Third Parties

Debt collectors are restricted in their communication with third parties, such as your friends, family, or employer. They may only contact others to locate you and cannot disclose that you owe a debt.

5. Failure to Cease Contact Upon Request

If you request in writing that a debt collector stop contacting you, they must comply. The only exceptions are to confirm that they will no longer contact you or to inform you of specific legal actions.

How to Protect Yourself from FDCPA Violations

1. Document Everything

Keep detailed records of all communication with debt collectors, including phone calls, letters, and emails. Note the date, time, and content of each interaction.

2. Request Validation of the Debt

If you’re unsure about the validity of a debt, request written verification. Debt collectors must provide proof that the debt is yours and that they have the right to collect it.

3. Know Your Rights

Familiarize yourself with the protections offered by the FDCPA so you can identify and respond to violations.

4. Contact Credo Legal

If you believe a debt collector has violated your rights, contact Credo Legal for assistance. Our legal team specializes in consumer protection and can take swift action to hold violators accountable.

How Credo Legal Can Help

Credo Legal is committed to protecting consumers from abusive debt collection practices. Here’s how we can assist:

• Case Evaluation: We’ll review your situation to determine if the debt collector has violated your rights.

• Legal Representation: If necessary, we’ll take legal action against the collector to seek damages and ensure they stop illegal behavior.

• Debt Dispute Assistance: Our team will help you dispute inaccurate debts and ensure compliance with all consumer protection laws.

Success Story

One of our clients was receiving repeated, harassing phone calls from a debt collector despite requesting that they stop. After documenting the violations and working with Credo Legal, the client successfully sued the collector and received compensation for damages. The harassment ended, and the client regained peace of mind.
 

Conclusion

The FDCPA provides powerful protections for consumers, but knowing your rights is essential to making the most of them. If you’re dealing with harassing or deceptive debt collection practices, Credo Legal is here to help. Contact us today to learn how we can protect your rights and guide you toward financial freedom.