The Fair Debt Collection Practices Act (FDCPA) was conceived to protect consumers from abusive, deceptive, or unfair tactics of debt collection agencies. Despite the fact that these agencies must follow federal law, they often neglect to perform within the standards to which the FDCPA holds them.
In its recent annual report, the Consumer Financial Protection Bureau (CFPB) stated that “The Bureau received approximately 75,200 complaints about first-party and third-party debt collection in 2019, making debt collection one of the most prevalent topics of consumer complaints.”
Have you been harassed or targeted by debt collectors? You have options and may be able to recover compensation for the damages they caused. Reach out to Luftman, Heck & Associates online or at (888) 726-3181 to get started.
7 Most Common FDCPA Violations
1. Continued attempts to collect debt not owed
Consumers are constantly being contacted about debts they either paid off a long time ago or debt that is not even theirs to begin with.
2. Illegal or unethical communication tactics
Callers are reported for using threats or obscene and profane language.
3. Disclosure verification of debt
The agency fails to send a written debt validation notice including the amount of the debt, name of the creditor, and a notice of the consumer’s right to dispute the debt within 30 days.
4. Taking or threatening illegal action
The agency threatens to sue the consumer even though the debt is too old and the statute of limitations to sue has expired. Agencies have also threatened to garnish a consumer’s wages or to confiscate the consumer’s home or personal property.
5. False statements or false representation
The collection agency states or implies that it is a law firm. Some consumers also complain that the agency is attempting to collect an amount greater than what is actually owed.
6. Improper contact or sharing of info
The agency informs a third party of the debt without the consumer’s express written permission. They are, however, allowed to inform the following without permission:
the consumer’s attorney
the creditor’s attorney
a credit reporting agency
the consumer’s spouse
the consumer’s parent (if the consumer is a minor)
7. Excessive phone calls
The collection agency makes several calls a day, and sometimes several calls in a row.
Are Your Rights Being Violated by a Collection Agency? Call Luftman, Heck and Associates.
If you think a collection agency is violating your rights under the FDCPA, you’re entitled to justice. The Ohio consumer debt attorneys can review your case and ensure your rights are not being violated.
Let Luftman, Heck & Associates help. You can hold debt collectors accountable and pursue compensation for their abuses.