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Protecting Your Rights Under the Fair Debt Collection Practices Act
Are you a victim of debt collector harassment?
The credit lawyers at Betras, Kopp & Harshman can stop the harassment using the Fair Debt Collection Practices Act (FDCPA). The FDCPA was enacted to protect you from third-party debt collectors who engage in unfair and abusive practices. A third-party debt collector is a company or individual that has been hired by your original creditor to attempt to collect a debt. The FDCPA does not apply to the original creditor itself. For example, if Credit Card Company #1 hires ABC Collections to attempt to collect a debt, then the FDCPA applies to ABC Collections only, not Credit Card Company #1. The Federal Trade Commission (FTC) website features an excellent easy-to-understand guide to the FDCPA and how it works. View it here.
You may have rights to collect a monetary settlement if a debt collector has violated the FDCPA. Our credit lawyers will pursue the offending debt collector and demand payment of damages prescribed in the Act. It is important to note that debt collectors who have violated the Act are required to pay both statutory damages to the debtor as well as the debtor's attorney fees. That means you will not incur out-of-pocket costs if you choose us to represent you.
Along with securing damages under the FDCPA, our credit lawyers can protect you against:
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Repeated calls
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Abusive language and threats of legal action
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Contacting your neighbors, relatives, friends, coworkers, and employers
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Misrepresentation of the amount or status of a debt
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Disclosure of your default debts to third parties
To schedule a free initial consultation with Attorney Gary J. George, Jr. call 330-746-8484 or 800-457-2889 or use the contact form on this page.
Important FDCPA Information
A "Debt Validation Notice" is an important part of the FDCPA. 15 U.S. Code Section 1692G provides in part: Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
Helpful credit law links: Learn more about debt laws, debt collection and credit card lawsuits Debt ScamsStudent Loan Help Article on Common Mistakes Debtors Make in Debt Collection Situations Dealing with Fake Debt Collectors