Debt collectors are known for their use of deceptive debt collection practices. Despite the laws prohibiting harassing and deceitful behavior by debt collectors, many are willing to do almost anything to collect a debt. If you’re facing a debt collection lawsuit, it’s quite possible that the debt collector violated the law somewhere along the way when trying to collect from you. Therefore, if you’ve been sued by a debt collector, you should contact a California debt collection defense lawsuit attorney as soon as possible to discuss your case. Below are some of the most common illegal debt collection practices employed by debt collectors.
The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act is a federal law that governs the ways in which third-party debt collectors may attempt to collect debts. This law restricts the methods and means by which collectors may contact debtors and places limitations on when and how often debt collectors can call consumers. Violations of the Fair Debt Collection Practices Act can result in damages to consumers, and violations of this law may also affect the outcome of California debt collection lawsuits. Under the Fair Debt Collection Practices Act, a debt collector may not:
- Call a debtor prior to 8 a.m. or after 9 p.m.,
- Contact a debtor at work if the debtor has given verbal or written notice that his or her employer doesn’t allow debt collection calls to the workplace,
- Abuse or harass the debtor or anyone else that is contacted about the debt,
- Be untruthful with the debtor about the amount he or she owes, or
- Contact a third party, such as a non-spouse family member or friend, about a debtor for any reason other than to obtain the debtor’s correct contact information.
In addition, a debt collector may not use deceptive methods in order to collect a debt, such as:
- Claiming to be a police officer or other law enforcement official;
- Threatening a debtor with arrest for failure to pay a debt;
- Threatening to garnish, sell, or attach a debtor’s property or wages unless otherwise permitted by law; or
- Providing false credit information about a debtor to anyone.
Contact a California Debt Collection Defense Lawsuit Attorney
If you are facing a debt collection lawsuit in California, you may need an experienced California debt collection defense lawsuit attorney in your corner. At the Fullman Firm, we have over 40 years of combined experience defending residents of California against debt collection lawsuits, and we’ve made it our mission to help consumers just like you fight back against aggressive debt collection agencies. When we take on your California debt collection lawsuit case, we will explore all available options and work with you to develop the most effective strategy possible in your California debt collection lawsuit. Please contact us today to schedule an initial consultation.