Americans are sometimes unable to decipher whether or not they are a victim of unfair debt collection practices, and to help you understand your rights, consumer advocates and attorneys are holding debt collectors accountable for their unfair and unlawful practices. You may be a victim of illegal harassment, and may have a viable lawsuits if you experienced the following:
- You are being continually pestered by a debt collector
- A collector is calling multiple times a day or week
- The collector has contacted your employer or family and friends
- The debt collector has threatened you
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot harass, or abuse you or anyone else they contact. If collectors call you at home, they must tell you who they are. By hiring a fair debt collection practices lawyer, you can make it stop, and you can sue for damages for the trouble.
Many victims of unfair debt collection practices are under tremendous stress, often because of a sudden loss of income or medical issues, and The Lyon Firm believes in bringing the perpetrators to justice. As a borrower, you have basic rights and there are legal steps you can take.
Joe Lyon is an experienced civil litigation attorney investigating cases of unfair debt collection practices nationwide. Plaintiffs may call The Lyon Firm for a free consultation with a fair debt collection practices lawyer.
Understanding the Fair Debt Collection Practices Act
To learn more about the federal Fair Debt Collection Practices Act, contact the Federal Trade Commission, the Consumer Financial Protection Bureau, or an experienced Ohio fair debt collection practices lawyer. In short, any debt collector who harasses or threatens you is breaking the law.
The Federal Trade Commission (FTC) has brought cases against Credit Smart and other improper lenders for violating consumers’ privacy rights, and using illegal tactics to pressure people into paying debts.
Some debt collectors threaten violence, use obscene language, threatened to garnish people’s wages and sue them for nonpayment, misrepresent themselves as attorneys or laws enforcement, and tell victims they owe more than they do.
Fair Debt Collection Practices Lawsuits
Contact an attorney if you have experienced the following, which violate the Fair Debt Collection Practices Act (FDCPA):
- Collectors call you before 8am or after 9pm
- Collectors contact you at work after you tell them your employer doesn’t allow you to take calls
- Collectors contact a third party like a friend, employer or family member
- Collectors lie about the amount you owe
- Collectors use deceptive methods to collect a debt from you: threaten to seize your property or your wages
- Collectors give false credit information to someone
No Misrepresentation: The FDCPA states debt collectors cannot use false, deceptive, or misleading practices like using a fake company name. They cannot state they are an attorney or law enforcement officer if they are not. Collectors may also be breaking the law by misrepresenting the debt, and the amount of money owed.
It is important when considering hiring a fair debt collection practices lawyer and filing a harassment lawsuit, to keep careful records of all of your communications with the debt collector in question. Keep a file of letters and documents a debt collector sends you, and record dates and times of conversations along with notes about the conversation. These records can help build evidence and a strong case against an unfair collector.