Fair Debt Collection Practices Claim
Our attorneys specialize in Federal and State laws that protect you against abusive and harassing collection attempts by creditors and collection agencies. The Fair Debt Collection Practices Act (FDCPA) law regulates how a debt may be collected from you. The Telephone Consumer Protection Act (TCPA) regulates how debt collectors and other companies may contact you.
If a creditor or collector violates the law, our attorneys can sue them on your behalf in State or Federal court. You are entitled to compensation for damages caused by the collector, including statutory damages, court costs and attorney’s fees. In California, the Rosenthal FDCPA (California Civil Code §§ 1788 et seq.) offers even more protections to consumers than its Federal counterpart.
Some common forms of creditor abuse are:
- Placing robocalls to your cell phone without your permission
- Contacting you to collect a debt owed by someone else
- Leaving voicemail messages that do not identify the caller
- Calling you at your job or place of employment
- Calling your family members or friends to collect a debt
- Mailing misleading or inaccurate collection letters
- Calling before 8 AM and after 9 PM
- Reporting inaccurate information on your credit reports
- Contacting you to collect a debt you have already paid
- Using obscene language, insults or racial slurs in calls or on a voicemail
- Threatening harm or violence or threatening arrest if the debt is not paid
- Pretending to be an attorney or court employee
- Contacting a person frequently and repeatedly
It is the legal right of creditors to collect debts you owe to them. Harassing or threatening you to pay those debts is not legal.
Regardless of your failure to pay a debt, you are never, ever to be treated with anything less than humility and respect. Debt collectors are doing a nasty job. One that constantly crosses the line from appropriate to inappropriate conduct.