The Fair Debt Collection Practices Act, FDCPA, is a federal law that governs the actions of debt collectors for personal debts. When a third-party used to collect a debt, that third-party is obligated to follow the FDCPA. The FDCPA does not regulated business debt or personal debt incurred for the benefit of a business.
The Fair Debt Collection Practices Act prohibit Debt collectors from making harassing, threatening, or misleading statements in order to trick you into making payments. The FDCPA provides that as long as the debt collector knows that you are represented by an attorney, the debt collector cannot contact you directly. The act provide many other safe guards to protect the consumer. The entire should be read because there are many other proctections that the FDCPA provide.
Debt collectors who violates the FDCPA should be reported to the nearest office of the Federal Trade Commission. Also, an aggrieved party can file a federal or state lawsuit against the debt collector for violation of the law. However, usually you have to file the lawsuit within 1 year of the violation to recover the actual damages. One can also recover up to a $1,000 in an individual lawsuit or $5,000 in a class-action lawsuit for each violation, plus attorney fees and costs.
Debt collectors use many different strategies to force you pay them before pay any other debt, even if its not in your best interest. Despite the pressure you might receive never agree to pay a debt collector if you need to pay other, more important debts first.
Many attorneys provide a free and confidential consultation on FDCPA issue. They will help you understand your options and give you unbiased advice. Therefore if you have been a victim of the Debt Collector abuse us should contact an attorney.
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