Debt collectors use abusive, deceptive, and unfair debt collection practices to collect all manner of debts - from credit cards to medical bills to unpaid rent. Congress passed the Fair Debt Collection Practices Act (FDCPA) to eliminate abusive debt collection practices by debt collectors.
If a debt collector has violated your rights under the FDCPA, you may have the right to sue the debt collector for up to $1,000.00 in statutory damages and actual damages. Vedra Law LLC sues debt collectors who violate the FDCPA.
False, Deceptive, and Misleading representations
The FDCPA prohibits debt collectors from using any false, deceptive, or misleading representation or means to collect a debt. A debt collector may not do any of the following when attempting to collect the debt:
- Misrepresent the amount of the debt
- Falsely represent that a communication is from an attorney
- Threaten to take action that cannot be legally taken or is not intended to be taken
- Report false credit information
- Fail to communicate that a disputed debt is disputed
Harassment and abuse
Debt collectors are not allowed to harass, oppress, or abuse any person in connection with the collection of a debt. This means that debt collectors may not:
- Threaten violence or criminal means to harm a person
- Use obscene or profane language
- Use language the natural consequence of which is to abuse the hearer or reader
- Repeatedly call a person with the intent to annoy, abuse, or harass any person
Debt collectors may not call at inconvenient times , such as before 8:00 a.m. or after 9:00, and may not call person at their job if the debt collector knows that the employer prohibits calls at work. Debt collectors also cannot speak to a person about your debt without your permission. Debt collectors also may not threaten to take wages or property without proper legal process.
collecting more than is owed
Debt collectors are prohibited from collecting more than is owed. The debt collector may not charge interest, collection costs, attorney fees, or other charges unless the law or your contract allows it. Debt collectors may not collect debt barred by the statute of limitations or debts that the original creditor may not have been allowed to collect.
This issue often comes up in medical debt collection. The laws concerning medical bills are constantly changing in the complicated worlds of insurance, Medicare, Medicaid, and Tri Care. If a debt collector is attempting to collect a debt that should have been paid by insurance, you may have a claim against the debt collector. Vedra Law LLC can help you find out.
These are just some of the issues with debt collectors. If you have a problem with a debt collector, fill out the information below to contact Vedra Law LLC.