Fair Debt Collection Practices Act
When you owe someone money, it’s understandable that they might take action to get it back. What’s unacceptable is when they overstep the bounds of professionalism and courtesy by mistreating you and your loved ones. Creditors have a right to resolve debts, but you also have a right to enjoy freedom from fear, abuse and harassment.
These rights aren’t just theoretical. They’re guaranteed by the Fair Debt Collection Practices Act, or FDCPA. Being written into law doesn’t mean that they automatically take effect, however. You have to fight for the protections that the rules afford you, and at Golden Law LLP, we help you arm yourself to win.
What Is the FDCPA?
The Fair Debt Collection Practices Act applies to any creditor that tries to collect an outstanding debt. It also governs their agents and representatives.
This law went into effect in 1978 after lawmakers noticed that collection agencies and creditors were abusing people in many different ways. For instance, you may have experienced
- Creditors making your phone ring repeatedly, calling you late at night or contacting you at work,
- Collectors trying to get information about you from your spouse, parents, friends or coworkers, or
- Collection agents threatening that they’d sue you or have the police arrest you.
These are just some of the unfair practices prohibited by the FDCPA, but the law doesn’t stop at defining what creditors can and can’t do. It also gives you the right to insist that they stop contacting you or hire a lawyer that your creditor must deal with instead of bothering you.
Are your creditors acting unfairly?
Talking to Golden Law LLP could be the easiest way to ensure that debt collectors treat you with the respect you deserve. Our understanding of the FDCPA and other consumer protection laws lets us help you build a case, interact with creditors and get past debt-related stress.
What's the Point of Using the FDCPA?
Dealing with debt can be mentally harrowing, especially when you’re already doing everything in your power to resolve the situation. The FDCPA is designed not only to rein in those who make life harder for consumers but ensure that you can manage your debt responsibly at a sustainable pace.
Every path to financial freedom is unique, and the FDCPA provides a number of tools that you might be able to use along the way. If your creditors failed to let you know about your right to have a debt validated or challenged, for instance, you could receive damages. If you were threatened with legal action that never occurred, then you may be eligible for a court-ordered judgment.
Whether you benefit from the FDCPA depends on whether you can construct a solid case.
Filing a lawsuit or formal complaint might help you settle what you owe and minimize the amount of disruption that creditors cause in your life. Don’t leave your debt resolution up to chance or the whims of collection agencies that don’t care about your financial and mental well-being. Instead, talk to a compassionate Golden Law LLP team member today for a complimentary consultation.