Having a debt in collections can be very stressful. But having debt collectors constantly harassing you and using unfair collection tactics can make the situation feel impossible.
It’s a debt collector’s job to follow up on debts that have been passed along to them. While debt collectors are allowed to contact you to try and pressure you into paying your bill, they aren’t allowed to do so through abusive, unfair, or deceptive practices. This kind of harassment is illegal under the Fair Debt Collection Practices Act, also known as the FDCPA.
The FDCPA puts restrictions on third-party debt collectors when they attempt to collect overdue balances from consumers on behalf of another person, company, or entity. As a federal law, the FDCPA limits the methods a debt collector may use when attempting to collect a debt. If a debt collector materially violates a provision of the FDCPA, the aggrieved consumer could be entitled to statutory damages of up to $1000, plus any actual damages.
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FDCPA Consumer Protection
The Fair Debt Collection Practices Act was put in place to protect individuals from unethical behavior from debt collectors. Under the FDCPA, debt collectors must adhere to strict rules and regulations or risk being sued.
Under the Act, a debt collector cannot ask you to pay more than you owe, ask you to pay illegal fees or fines, or threaten you with fraudulent lawsuits to scare you into paying your debt. Debt collectors are also not allowed to contact your friends, family members, or attempt to reach you at work. Learn more about conduct prohibited by the FDCPA.
Debts protected under the FDCPA include any personal, family, or household debts you may have acquired, such as overdue mortgage payments, credit card bills, or medical bills. However, the FDCPA only applies to debt collectors, not individuals attempting to receive payments you owe them. The FDCPA does not apply to collection attempts made by original creditors.
FDCPA LAWYERS - NY & NJ
If you have been subject to debt collector harassment, or your rights under the FDCPA have been violated, you may be entitled to bring a lawsuit to recover statutory damages, actual damages, and you can even make them pay your attorneys fees. At the Law Office of Simon Goldenberg PLLC, we offer FDCPA assistance to residents of New York and New Jersey for $0 out-of-pocket costs. We only earn our fee if we are sucessful in achieving a recovery for you.
If you've been contacted by a debt collector, reach out to our reputable FDCPA attorneys immediately. Out experienced practioners can review your collection letters and phone logs to determine whether your rights have been violated, and can take legal action to help you obtain compensation.
Call (888) 301-0584 or schedule a free case review today to get started.