Congress enacted the Fair Debt Collection Practices Act (FDCPA) in 1977. The intended purpose of the FDCPA was to limit the harassment, abuse, and deception used many debt collectors. Unfortunately, the FDCPA has had only limited success in stopping such abuses.
The problem is that many consumers do not know, or understand their rights when being hounded by a debt collector. For example, debt collectors are prohibited from calling before 8:00 a.m., and after 9:00 p.m. In certain instances, they may also be prohibited from calling at other times of the day or evening. Debtors may not make false or misleading statements, use threats of violence, or use profanity or obscenities when talking to a debtor.
A debt collector must also disclose the following, in writing, within five days of an initial contact with an alleged debtor: the amount of the debt; the name of the creditor; that the debtor has thirty days to dispute the debt; and, that the debtor has the right to request verification of the debt.
The FDCPA places many other restrictions on debt collectors. If a consumer has been the victim of a debt collector that has violated the FDCPA, the debtor can seek monetary damages of up to $1,000.00 per violation.
If you have had a bad experience with an abusive debt collector, you may be entitled to recover damages. The Montee Law Firm may be able to assist you with your claim. Contact our office for a free consultation.s
If you wish to view the FDCPA in its entirety, use the link below.