Are Your Debt Collectors Violating the Law?

by DeLadurantey Law Office, LLC on February 7, 2014

Are Your Debt Collectors Violating the Law?If you are being harassed by debt collectors, it is important to understand there are numerous laws protecting you from certain tactics commonly taken by collectors. One important law that provides safeguards for consumers is the Fair Debt Collection Practices Act (FDCPA) which prohibits debt collectors from using unfair, deceptive or abusive practices to collect money from borrowers.

The FDCPA defines a debt collector as a person or entity who routinely collects debts owed to others.  The definition includes collection agencies, attorneys who regularly collect debts and companies that purchase delinquent accounts and try to collect on them.

So, what constitutes unfair or abusive practices?  The FTC website provides a laundry list of actions that are prohibited, but below is a summary:

  • Unfair practices - Debt collectors may not engage in unfair practices when they try to collect a debt.  They cannot try to collect additional amounts that are not allowed by contract or law, deposit a post-dated check early, threaten to take the borrower’s property unless it can be done legally, or contact a borrower by postcard.
  • Harassment – Debt collectors cannot threaten violence, use profane language, threaten to publish a list of names of people who refuse to pay, or repeatedly call the debtor to annoy him into paying.
  • False statements – Debt collectors cannot lie about who they are, who they work for, the amount you owe, actions they will take against a borrower, or falsely claim the borrower has committed a crime.  Collectors also cannot lie about documents they send to the borrower.  Additionally, debt collectors cannot give false credit information about the borrower to anyone, including a credit reporting agency.

If you have debt collectors that are taking these types of actions against you, contact the consumer protection team at DeLadurantey Law Office for help!

At DeLadurantey Law Office, LLC, we help businesses and families find their way out of highly difficult financial situations. We provide the advice and guidance you need in obtaining debt relief through bankruptcy and debt negotiations. We can also assist you in defending a foreclosure action. Contact us at 414-377-0518 to discuss how our Milwaukee bankruptcy attorneys can assist you. Like us on Facebook.

 

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