Your Rights Under the Fair Debt Collection Practices Act

Posted By Law Office of Simon Goldenberg, PLLC || 18-May-2016

Are you receiving harassing calls from creditors late at night? Have collection agencies called your relatives in an effort to collect on your debts? If so, you may have a right to seek a monetary award from the courts under the Fair Debt Collection Practices Act (FDCPA).

The FDCPA was passed in 1977 as an amendment to the Consumer Credit Protection Act in an effort to eliminate abusive and predatory practices of debt collectors and provide consumers with a way to dispute and obtain validation of debt information. This law dictates guidelines under which debt collectors may conduct business, as well as establishes the rights that consumers have against unfair debt collection practices.

Creditors are prohibited from engaging in the following conduct under the FDCPA:

  • Calling debtors at unusual times or places, such as before 8 am or after 9 pm
  • Pursuing collection of debt if the collector knows the debtor is represented by an attorney
  • Calling debtors at their place of work if it has been deemed unacceptable
  • Calling debtors several times a day about an unpaid bill
  • Demanding payment for a sum larger than what the debtor owes
  • Threatening violence or other criminal acts to collect on debts
  • Using profane or otherwise obscene language
  • Publishing a list of consumers with outstanding debts
  • Use false statements to collect on debts
  • Communicating with debtors without revealing their identity

The FDCPA covers personal, family, and household debts, including credit card debt, retail accounts, auto loans, medical bills, and mortgages. The only debts that are not covered are debts you should incur to run a business.

New York Debt Relief Attorney

In the event that a debt collector should violate any of these rules, a New York debt relief lawyer from the Law Office of Simon Goldenberg PLLC can protect your rights and fight to ensure you are not harassed again. Having earned numerous awards for our unparalleled legal representation, we can help you achieve much needed breathing room from creditors and find an effective solution to your debt.

Call (888) 301-0584 or schedule a free case review today to get started.

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