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Know Your Rights - Federal Fair Debt Collection Practices

The Federal Fair Debt Collections Practices Act gives consumers the right to sue abusive collection agencies and debt collectors. If you are being harassed by a debt collector you have the right to sue them for statutory damages of up to $1,000.00 plus your actual damages and your attorney’s fees and costs. If a collection agency is calling you at work after you tell them not to, or calling your family or neighbors, you should document these calls and contact us immediately to pursue your rights to enforce the provisions of this consumer protection law. Samples of typical violations by collection agencies and debt collectors are communicating with you even after you have told them in writing not to contact you further; or, contacting you after you have informed them you are represented by an attorney, such as your bankruptcy attorney; or, contacting family members or neighbors to pressure you to call them back, or by telling anyone else about your debt.

Debt collectors are also prohibited by law to charge you collection fees unless the original contract provided for those fees. They may not use abusive language, threats, or make false statements. In short, all deceptive practices and unfair treatment are against the law and we can sue them on your behalf.

If you have any questions about your rights under the Federal Fair Debt Collections Practices Act, please contact us.

The Fiar Credit Reporting Act

The Fair Credit Reporting Act is another Federal consumer protection law designed to protect consumers from those all important and very powerful Credit Report Agencies, or Credit Bureaus. This Act gives consumers the right to sue the agencies or a debt collector who reports false information on your credit report.

Both of these statutes have specific statute of limitations which means if you think your rights have been violated you should contact us immediately or you may be barred forever from pursuing your claims.

Bill Collector Harassment

Bill collector harassment is an excessive quantity of or overly aggressive pressure from a creditor or debt collector to pay a debt. It may involve threats of violence, threats to embarrass the debtor, false information, excessive number of telephone calls or home visits or general nastiness. It can even involve contacting employers, neighbors or family. Third-party bill collectors cannot harass, oppress or abuse any person. They also can't use unfair practices or make false statements. Unlawful acts by debt collectors include:

Falsely implying that he or she is an attorney or government representative.
Falsely implying that you have committed a crime.
Indicating that correspondence they send you is from an attorney when it is not.
Implying that nonpayment of any debt will result in loss of personal property, wages, or that you will be arrested unless (a) it is lawful and (b) the creditor intends to follow through with such action.
Threatening to take action that is not legal or that the creditor does not intend to take.
Implying that the transfer of interest in the debt to someone else will result in loss of personal property or wages, or that you will be arrested.
Falsely representing that you committed a crime in an effort to disgrace you.
Misrepresenting your credit or failing to communicate that you are disputing a debt.
Using written communication which simulates or is falsely represented to be a document authorized, issued or approved by any court, official or agency of the U.S. or any state, or which creates a false impression as to its source, authorization, or approval.
Contacting you by post card.
Using any false or deceptive means to attempt to collect a debt or obtain information about a consumer.
Failing to disclose clearly in all communication that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.
Falsely implying that accounts have been turned over to innocent purchasers.
Falsely implying that documents are part of the legal process when they aren’t.
Falsely stating that papers being sent to you are not legal process forms when they are.

Know you rights under the Fair Debt Collection Practices Act: Whether or not you are currently in bankruptcy, the Fair Debt Collection Practices Act (FDCPA) requires that debt collectors observe restrictions and treat you fairly. This law prohibits certain methods of debt collection. Personal, family and household debts are all covered under the FDCPA. This includes auto loans, medical care bills and charge accounts. However, business loans are not covered by this law. Paying bills on time is generally the best way to avoid third-party bill collector harassment. However, sometimes you encounter unavoidable situations that impact your ability to pay in a timely fashion. Most creditors and collection agencies follow the law when attempting to collect a debt. However, third-party bill collector harassment is definitely on the rise and has recently become the most-often reported business complaint in America. Often, an abusive creditor is the reason why debtors may feel forced to file for bankruptcy protection—to get the creditor to stop harassing them. You should never allow an abusive bill collector to force you into bankruptcy. However, if your circumstances prevent you from any other action, you still do have legal rights. Once you file for bankruptcy protection, bill collectors are formally notified you are in bankruptcy, and collection attempts must immediately cease until your case has been discharged or has otherwise been decided upon by the courts. What to Do About Creditor Harassment After Filing Bankruptcy If you have filed for bankruptcy and a third-party bill collector calls, politely tell him that you are in bankruptcy and give him your case number. This usually gets him or her to stop calling or otherwise attempting to contact you. Some bill collectors persist by asking if you want to re-affirm the debt and they may also make a lot of promises to you if you agree to re-affirm the debt. Beware of any promises, they make. Bill collectors are paid to collect debts, and they will try any means to get you to pay, including making promises the collector has no intentions of keeping. The best thing to do is to politely but firmly tell them you do not want to re-affirm the debt. If the bill collector persists in trying to collect from you, even after you’ve told him or her that you are in bankruptcy and that you are not interested in re-affirming the debt, contact us immediately for legal advice on your next course of action. Or, simply refer the bill collector to us. How The Law Offices of Bankrupty Attorney Stuart B. Handelman Can Help If we find grounds to believe you have been unfairly treated, we will help you exercise your right to collect compensation from the third-party bill collector. You have one year from the date your rights were violated to sue the collection agency in a state or federal court. You could potentially recover money for any damages you may have suffered as well as court costs and attorney's fees. Contact the Law Offices of Stuart B. Handelman immediately if you feel you might have a bill collector harassment case. But, even if you don’t think you have a case of illegal harassment, your best course is to let us evaluate any letters or records of phone contact you have had with the bill collector. It is essential that you keep all, or as many as possible, of the letters the bill collector has sent you and turn copies over to us. In addition, you should send us any subsequent letters you may receive.

We welcome the opportunity to be of service. To arrange a consultation to discuss your legal issues, please phone our office at 401.253.2500 (Toll Free 800.645.2560).

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Disclaimer: Nothing contained herein can substitute for the advice of an attorney, nor is it intended to do so. This website is not legal advice. It is an advertisement. Links to pages outside of this website are not an endorsement of those sites or of the information provided on those sites. By merely reading the information provided herein, an attorney-client relationship does not exist. No attorney-client relationship will be established with Rego & Rego without a written retainer agreement prepared by the Law Firm and that has been signed by the client.