The Fair Debt Collection Practices Act (FDCPA)
Have You Been Harassed by Creditors in St. Petersburg?
If you owe money that you are struggling to pay back, chances are you’ve received phone calls or mail communication from creditors. These communications are never pleasant to receive, but there is a line between communication which is fair and appropriate and communications which are intended to annoy or abuse. That is why the Fair Debt Collection Practices Act was created to protect consumers against inappropriate collection actions.
According to the federal statute, the purposes of the act are:
- To eliminate abusive practices in the collection of consumer debts
- To provide consumers with a way of disputing and obtaining validation of debt information in order to ensure a debt’s accuracy
- To promote fair debt collection practices
What Types of Actions Are Prohibited Under the FDCPA?
The following actions are considered harassment under the FDCPA and are prohibited for their abusive and deceptive nature:
- Calling people on the phone outside of the hours of 8:00 a.m. and 9:00 p.m. local time
- Continuing to communicate with a consumer after they have sent in a written request to cease communications, with certain exceptions, before the collector files a lawsuit
- Communicating with debtors at their place of employment after being advised that it is unacceptable to do so
- Contacting a consumer known to be working with an attorney
- Causing a telephone to ring or placing calls continuously and repeatedly in order to annoy the consumer
- Communicating with a consumer after a request of validation has been made
- Publishing a consumer’s name and/or address
- Misrepresenting or using deceit in order to collect on a debt
- Threatening legal action or arrest that is not actually contemplated or permitted
- Using abusive or profane language
- Revealing or discussing the nature of a debt with a third party (other than the consumer’s lawyer or spouse)
- Reporting or threatening to report false information to a consumer’s credit report
Request a FREE Consultation!
If you have experienced abusive or harassing behavior from a creditor or debt collection agency, do not hesitate to contact Boss Law as soon as possible. You may have grounds for legal action under the FDCPA. We can advise you on whether or not you have a case during a free consultation with an attorney at our firm. We have offered trusted legal solutions to Florida residents for over 10 years, and have helped hundreds of people effectively resolve their cases.