Every day unscrupulous debt collectors are doing whatever they can to collect. The collection of debt is a huge and profitable industry where overly aggressive tactics are used on a daily basis to coerce debtors to make payments many of the time they are not obligated to make. Fortunately, there is a law called the Fair Debt Collection Practices Act (FDCPA) that protects consumers against debt collectors. Simply, the FDCPA says that a debt collector cannot engage in or even threaten to take any illegal actions when attempting to collect a debt. Examples of such actions include harassment, calling or threatening to call a neighbor or relative and discussing the debt with them, contacting or threatening to contact your employer, or threatening jail time.
If a debt collector violates the FDCPA, you can turn the tables and file a lawsuit against them! We vigorously pursue debt collectors who violate the law and make them pay you for their actions. The great thing about pursuing an FDCPA claim through our office is that we make the debt collector pay our fee so that the entire process is at absolutely no cost to you whatsoever.
Whether you are being harassed by a debt collector, receiving threatening letters or voice messages, receiving wage garnishment threats or are facing any other type of issue with an unsavory debt collector, we can help. We offer a free no obligation case review to any potential client who may have a claim under the Fair Debt Collection Practices Act.
It’s not an unusual scenario: A creditor calls you again and again, often alluding to bad things that might happen if you do not pay. At Sanders Law Group we often represent people who have been harassed in this way by debt collectors, sometimes for debts that are not even theirs. There are many things that creditors do to harass and threaten debtors.
These things are illegal under the Fair Debt Collection Practices Act:
- Calls before 8 a.m. and after 9 p.m.
- Multiple calls in a day
- Calls to your workplace
- Calls to friends, family members or references
- Disclosure of personal information about you or your debts to others
- Threats of lawsuits or wage garnishments
- Other actions that make you feel abused or harassed
We Make Harassing Debt Collectors Pay You
If a debt collector violates the FDCPA, you could be compensated by the collection agency for anywhere from $100 up to $1,000, as well as for the actual damages you experienced and the attorney’s fees you incurred. What does this mean for you? It means that you do not have to worry about the cost of hiring a lawyer. In 100 percent of the cases we handle, the debt collector involved ends up paying our attorney’s fees – not the client.
What To Expect When You Work With Us
When you work with us, you can expect a legal team that fights hard for you. You can expect an attorney who talks with you in straightforward ways about your rights. You’ll never be overwhelmed by legal jargon or court procedures that you just don’t understand. Instead, you will work closely with one or our experienced lawyers from the moment we take your case until matters are resolved. We are genuinely concerned for your well-being and want to make sure that the creditors who harass you are immediately stopped.
Get Help. Stop Collection Calls.
Call us toll free at (855) 456-2240 or contact us online.
FDCPA Frequently Asked Questions
A: Try the following:
- Sign up for Google Voice. Google Voice is a great replacement voice mail system.
- Call the scammers back with the new Google Voice phone number. Make sure when you call you identify yourself so the scammers start up their script. At any point after they have your information pulled up just hang up. They will then start harassing your Google Voice number.
- Change your old number so that the scammers only have the new Google Number to harass instead of your phone number that you use.
Important Note: Do NOT do this with legitimate debt collectors as a tactic to avoid their calls. Avoiding legitimated debt collectors could lead to legal headaches for you. There are other ways to legally protect yourself from legitimate debt collectors that are harassing you if they are violating your consumer rights, including the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Act.
- Debt collectors may NOT use violence or threats of violence to collect a debt;
- Debt collectors may NOT using obscene or profane language;
- Debt collectors may NOT advertise your debt for sale;
- Debt collectors may NOT use or threaten to use violence or criminal means to harm you
- Debt collectors may NOT threaten you with arrest;
- Debt collectors may NOT use profane or abusive language;
- Debt collectors may NOT call you repeatedly or continuously with the intent to annoy or harass;
- Debt collectors may NOT call you at work after they have been told that your employer prohibits you from receiving personal calls;
- Debt collectors may NOT place telephone calls without meaningful disclosures of their identity;
- Telling 3rd parties about your debt
- making false representations that they are government representatives;
- making false representations that they will seize, garnish or sell any property or wages unless such action is lawful;
- making false representations that you have committed a crime or that you will be arrested or imprisoned;
- making false representations that papers resembling official documents are from a court or governmental agency, when they are not;
- making false representations about the amount of the debt;
- making false representations that the debt collector is employed by a credit bureau;
- making false representations that they are attorneys or that there is the involvement of an attorney in collecting a debt;
- making threats to communicate false credit information with any other person; or
- using a false business name.
- collecting an amount greater than what you owe;
- depositing a post-dated check prior to the date on the check;
- contacting you by postcard;
- threatening to take possession of your property through non-judicial action, when there is no right to do so.
A: Within five days after the initial communication from a debt collector, the debt collector must send you a written notice containing the amount of the debt, name of the current creditor, and a statement that you have 30 days to dispute the debt, and if requested the debt collector will provide the name and address of the original creditor. Once a debt collector receives you written notice disputing the debt, it must stop all collection efforts, including the reporting of the debt to the credit bureaus, until the debt collector validates the debt. We recommend that you send a written dispute letter via certified mail to the debt collector. Make sure you keep a copy of your letter and of every letter you receive from the debt collector. You should send us a copy of these letters since very often we can find violations of the FDCPA in the letters.
If you are being intimidated and harassed by debt collectors, and you feel that they may be violating the Fair Debt Collection Practices Act, call the Sanders Law Group at (855) 456-2240 today for a free consultation.