Cary L. Flitter

Cary L. Flitter

Theodore E. Lorenz

Theodore E. Lorenz

Debt Collection

 

Consumer debt is money owed for personal, family and household obligations. Consumers that have fallen behind on repaying credit cards, personal loans, medical or utility debts, or mortgages may be contacted by a debt collector for payment. Sometimes, consumers are contacted by debt collectors because an error was made on their account. Whether a debt is owed or not, consumers have the right to be free from deceptive, unfair and abusive debt collection tactics on the part of debt collectors, collection agencies, or law firms acting as debt collectors.

Federal law, The Fair Debt Collection Practices Act (“FDCPA”), provides consumers with several protections and allows a consumer to sue a debt collector for violating the law. Consumers can sue the collector for actual and punitive damages who violate the Fair Debt Collection Practices Act. Additionally, the law provides that the consumer’s attorney’s fees will be paid by the debt collector. Under the FDCPA, debt collectors may not – either over the phone or through the mail:

  • harass, oppress, or abuse you or any third parties they contact
  • continue collection efforts after you write them to stop
  • continue collecting after you write to tell them you’re represented by an attorney
  • use any false or misleading statements when collecting a debt.
  • represent that they operate or work for a credit bureau
  • misrepresent or inflate the amount of your debt
  • indicate that papers being sent to you are legal forms when they are not
  • threaten to garnish your wages (in Pennsylvania, Texas or Florida)
  • threaten to take an action they can’t take legally or don’t intend to take
  • fail to disclose that they’re a debt collector
  • give false credit information about you to anyone, including a credit bureau
  • collect any amount greater than your debt, unless permitted by law
  • call you after 9:00 p.m. or before 8:00 a.m., without your consent
  • engage in any other false, deceptive or abusive conduct
  • miscalculate interest, penalties or other charges

If you believe your rights have been violated by a debt collector, send us your debt collection letters and documentation of the debt collector’s phone contact with you. CONTACT US.

 

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