As a consumer, you have rights when it comes to debt collection practices. Unfortunately, many debt collectors and creditors violate these rights. In this article, we’ll discuss the biggest mistakes they make that violate your rights and what you can do about it.
1- Harassing Phone Calls and Letters
Debt collectors cannot harass or abuse you in any way. This includes calling you multiple times a day, calling your workplace, or using profane language. Debt collectors also cannot send threatening letters or use false information to collect a debt. If you are experiencing harassment from a debt collector, a consumer protection lawyer can help you take legal action.
2- Failing to Verify a Debt
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors must provide verification of a debt if you request it. If a debt collector cannot provide minimum verification of the debt, they cannot legally continue to attempt to collect it. If you are being harassed about a debt you do not owe or have already paid, a consumer protection lawyer can help you request verification and put an end to the harassment.
3- Suing Without Proper Notice
Debt collectors must follow strict rules when suing consumers for unpaid debts. They must provide proper notice of the lawsuit and give the consumer a chance to respond. If a debt collector fails to provide proper notice, the consumer can argue that they did not have a fair chance to defend themselves. A consumer protection lawyer can help you fight back if you were not given proper notice of a debt collection lawsuit.
4- Filing Frivolous Lawsuits
Debt collectors and creditors cannot file frivolous lawsuits against consumers. If a lawsuit is without merit or is filed for the sole purpose of harassment, a consumer protection lawyer can help you fight back and hold the debt collector accountable for their actions.
5- Violating State and Federal Consumer Protection Laws
Debt collectors and creditors must follow both state and federal consumer protection laws. In California, debt collectors are also subject to the Rosenthal Fair Debt Collection Practices Act, which provides additional protections for consumers. If a debt collector or creditor violates any of these laws, a consumer protection lawyer can help you take legal action to hold them accountable.
6- Using Deceptive Practices
Debt collectors cannot use deceptive practices to collect a debt. This includes pretending to be a government agency or threatening to take legal action that they cannot legally take. If you have experienced deceptive practices from a debt collector, a consumer protection lawyer can help you take legal action to stop them.
If you are dealing with debt collectors or creditors who are violating your rights, a consumer protection lawyer can help you take legal action. They can also help you understand your rights and how to protect yourself from unfair debt collection practices. Don’t let debt collectors take advantage of you – contact our experienced team at Fullman Firm today for a free consultation.
We Can Help.
You can settle for much less than the debt collector’s first demand. Many of our clients pay little or nothing to debt purchasers.* If you choose to settle, clients who show strength to debt purchasers usually settle their cases for about one-third of the amount demanded in the lawsuit.
Respond to the Lawsuit.
Only a properly prepared response will push back at the debt collector and put you in a position to win or settle for a reasonable amount. Did you receive Request for Admissions or Interrogatories? We’ll prepare your response.
Where’s the Evidence?
Demand a copy of the debt collector’s file!
Direct Relationship with Your Attorney.
You will have the same attorney through the whole case and you can telephone or message your attorney directly.
We Will Guide You.
Settle or Fight? The choice is yours. We will help you decide which is best for you.
When debt collectors realize you are not backing down they often dismiss their case or settle for much less than their original demand.