What to Do if a Debt Collector Violates the FDCPA?
Despite what some may
believe, debt collectors do not have full reign when attempting to secure
payments for defaulted accounts. The Fair Debt Collection Practices Act (FDCPA)
prohibits third-party collectors from verbally harassing and using other
tactics meant to pressure the debtor into making agreements that he may not be
able to keep.
The best way to ensure fair treatment as a debtor is to hire a Gurnee IL debt
lawyer such as Tomei Law. Read on to learn more about the FDCPA before
contacting Attorney Robert Tomei for help.
What exactly is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the
powers of third-party debt collectors. This act was implemented to better regulate
the behaviors and actions of collectors who may otherwise feel at liberty to
secure payment for defaulted accounts by any means plausible.
The FDCPA establishes the times at which a third-party collector can contact
debtors. It is unlawful for a third-party debt collection agency to call a
debtor before the hours of 8 AM and after 9 PM. Of course, the debtor can
always request the collector to contact him before or after the established
time frame. A third-party debt collector, however, cannot legally do such a
thing on his own.
A collector can contact a debtor at his home or office via telephone under the
FDCPA. A debtor, however, has the right to verbally request the collector
refrain from contacting his office without an explanation as to why he is
asking for such accommodation. The debtor may also ask the third-party
collector to refrain from calling his home. Such a petition, however, must be
presented in writing.
What happens when the FDCPA is violated?
Consumers have the right to file a civil complaint in State or Federal Court if
they believe that a third-party debt collector has overstepped his boundaries
and, thus, violated the FDCPA. Such a grievance could ultimately lead to the
collector paying the debtor money for damages as well as attorney’s fees and
litigation costs to the debtor.
It is important that you contact a Gurnee IL debt defense lawyer if you feel
that your rights as a consumer outlined in the FDCPA have been violated. Legal
counsel at Tomei Law can help you determine if the evidence is strong enough
for a lawsuit and guide you through the process of recovery of damages.
Attorney Robert Tomei is a debt defense lawyer who knows the ins and outs of
the debt collection process. Contact him today to get started with your
consultation!