The Fair Debt Collection Practices Act (FDCPA) was approved in 1977 to protect consumers from abusive debt collection practices and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to verify the information’s accuracy. The act defines a debt collector as anyone who uses any tools of interstate commerce or the mails in any business to collect or attempts to collect debts owed to them or another.
This act generally applies only to 3rd-party debt collectors, not the original creditor. However, some states have similar state consumer protection laws which mimic FDCPA and regulates original creditors. Additionally, some federal courts have ruled a collector of debt is a “debt collector” rather than a “creditor” under the act where the collector buys defaulted debt from an original creditor for the purpose of collecting.
Debt Collection Harassment Attorneys
Harassment includes many practices that are illegal under FDCPA, including:
- Contacting consumers before 8 a.m. or after 9 p.m. local time
- Failure to cease communication upon request
- Communicating with consumers at their workplaces
- Repeatedly calling a person with intent to annoy, abuse, or harass
- Contacting a consumer directly when they’re represented by an attorney
- Misrepresentation
- Communicating with a consumer after a request for validation has been made
- Publishing the consumer’s personal information on a “bad debt” list
- Threatening arrest or legal actions
- Seeking unjustified amounts
- Abusive or profane language
- Contact by embarrassing media
- Communication with third parties
- Reporting false information on a credit report
FDCPA Lawsuits in NYC
The FDCPA is enforced mainly by the Consumer Financial Protection Bureau (CFPB), but consumers with valid complaints can also file private lawsuits in state or federal court to collect damages from 3rd-party debt collectors. The act is also a strict liability law, which means that you don’t need to prove actual damages in order to claim statutory damages up to $1,000 in addition to reasonable attorney fees if a debt collector has violated the FDCPA.
If you’re being harassed by creditors, make sure you have an experienced New York FDCPA Lawyer on your side. The Law Office of Simon Goldenberg, PLLC is experienced in dealing with dealing with debt collectors. Trust us to help you through your debt problems. Contact us at (888) 301-0584 or fill out our online form to schedule your free initial consultation today.