Tag Archives: FDCPA

Ways Debt Collectors Violate Your Rights

When you fall behind on your bills, it doesn’t take long before you are being harassed by debt collectors. Whether you owe the debt or not, it is important that you understand your rights under the law. The Fair Debt Collection Practices Act (FDCPA) is an important law that prohibits debt collection agents from using unfair, deceptive or abusive tactics to get consumers to pay their past due accounts.

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The FDCPA specifically applies to “debt collectors” which is defined as an individual or entity who routinely collects debts owed to others. This means that the statutes apply to collection agencies, lawyers who regularly collect debts and debt-buyers.

It is important to learn about the types of debt collection harassment.

According to the FTC website, the following are examples of prohibited collection actions:

  • Harassment. A collector cannot harass a consumer by threatening violence, using profane language, or calling the debtor repeatedly to annoy him into making a payment. A debt collector is prohibited from threatening to publish the consumer’s name on a list of people who refuse to pay their debts.
  • Unfair practices. There are a variety of ways a collector can engage in unfair collection practices. Common examples are attempting to collect additional fees that are not allowed under the contract or by law, depositing post-dated checks early, or making threats to seize the borrower’s property when the collector has no such right.
  • Deceptive statements. A debt collector is prohibited from lying about who they are or who they work for. A collector must truthfully tell you the amount you owe. Further, the collector cannot lie about actions they can take against you or falsely claim they will have you arrested for not paying your debt. Finally, a collection agent is prohibited from providing false credit information to any other parties, including credit reporting bureaus.

Debt Collection Harassment Attorney | Faro & Crowder, PA

Consumers deserve to be treated with respect and honesty. If a debt collector is taking any of the above actions against you or is otherwise harassing you, contact the legal team at Faro & Crowder, PA, for the advice and guidance you need.

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We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

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We offer a free initial consult for bankruptcy, debt relief, credit card debt and foreclosure defense.  Contact our office to schedule your consultation and discuss your debt relief options.

Our office is conveniently located on Sarno Road in Melbourne.

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Faro & Crowder, PA
Phone: 321-784-8158
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1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
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We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.

How to know if Debt Collectors are Violating the Law

The debt collection industry is well-known for its harassing tactics used to persuade consumers to pay their debts. As a result, an important set of laws called the Fair Debt Collection Practices Act (FDCPA) was passed to provide consumers with a variety of protections from creditors using deceptive or abusive practices in their collection efforts.

Debt Collection Violation Law

Defense Against Debt Collection Attorney Brevard

Under the FDCPA, a debt collector is defined as an individual or entity that regularly collects debts owed to others. Collection agencies, lawyers who routinely collect debts and debt-purchasers may all be included in this definition.

According to the FTC website there are a wide variety of actions that are prohibited, including the following:

  • Unfair practices. A debt collector must act fairly and legally when attempting to collect a debt from you. Examples of prohibited unfair practices include attempts to collect additional amounts that are not permitted by law or contract, depositing post-dated checks early, threatening to seize your property when it cannot be done legally, or contacting the consumer regarding the debt by postcard or other public means.
  • Harassment. A debt collector is prohibited from threatening violence, using profane language or repeatedly calling you in an effort to annoy you into making a payment. Also, a collector cannot threaten to add you to a published list of people who have refused to pay their debts.
  • False statements. A debt collector is prohibited from lying about who they are or who they work for. They must tell you the truth regarding the amount that you owe and actions they will take against you. It is unlawful for the collector to claim that you have committed a crime by not paying your debt. The documents that a debt collector sends to you must also be true and correct. Any information provided by the collector to a third-party, such as a credit reporting bureau, must be true.

Dealing with debt collectors can be stressful. If you believe you are being illegally harassed or you are ready to take action to handle your debt, let us help. We can review your individual financial situation and help you understand all of the debt relief options available to you.

If you have questions about filing for bankruptcy protection, we have the answers. Call us today to schedule your initial consultation. Our office is located in Melbourne, but we proudly serve individuals and businesses across the State of Florida.

Speak with an experienced Debt Collectors Attorney at Faro & Crowder, PA 321-784-8158

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Services Areas

We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

Get In Touch with Faro & Crowder, PA

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
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The information on this blog or any blog is not intended as, and should not be taken as, legal advice.

What is a Debt Collector Prohibited from Doing?

If you are facing financial difficulties and debt collectors have started calling, it is important that you understand what your rights are under the law. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using unfair, deceptive or abusive practices when trying to collect a debt from an individual borrower.

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What Is a Debt Collector?

A debt collector, as defined under the FDCPA, is a party who regularly collects money owed to others. Included in this definition is collection agencies, lawyers who routinely collect debts, and companies that buy past due accounts and attempt to collect on them.

There are a variety of tactics used by debt collectors that may be considered unfair or abusive. The FTC website provides extensive information regarding the actions that are prohibited under the law.

Below are a few of the more illegal common practices you should be aware of when dealing with debt collectors.

It Is Illegal for a Debt Collector To:

  • Attempt to collect additional amounts that are not permitted by the contract you signed with the creditor or under the law
  • Falsely claim that the borrower has committed a crime by not paying the debt
  • Use profane language when talking to the borrower
  • Deposit a post-dated check before the date on the check
  • Threat to publish the borrower’s name on a public list if the debt is not paid
  • Lie about the amount owed
  • Threaten to seize the borrower’s assets unless it can be done legally
  • Contact a borrower by postcard and revealing confidential information
  • Threaten violence if the debt is not paid
  • Call the borrower repeatedly in an attempt to annoy the borrower into paying
  • Lie about who they are or who the work for
  • Provide false credit information about the borrower to third parties

Contact Faro & Crowder today

If you are being harassed by a debt collector in one or more of the above ways, contact us for help. We will investigate whether the debt collector is legitimate (and not a scam artist) and make the illegal collection activity stop. In certain circumstances, you may be able to recover damages for the debt collector’s illegal activity!

Services Areas

We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

Get In Touch with Faro & Crowder, PA

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

The information on this blog or any blog is not intended as, and should not be taken as, legal advice.

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