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!