The Fair Debt Collection Practices Act and Consumer Protection
Federal law prohibits abusive conduct by collection agencies that are attempting to collect on consumer debts. This law, the Fair Debt Collection Practices Act ("FDCPA"), was passed by Congress to prevent harassment and FDCPA violations that could lead to increased bankruptcy filings, divorces and other consumer issues. The FDCPA also prevented these deceptive and abusive collection agencies from gaining an unfair advantage over honest debt collectors.
Understanding your rights under the FDCPA and how the Act applies to your consumer debts is important and can help you protect yourself against these unfair practices. The FDCPA does not cover every person who attempts to collect a debt, nor does it cover every kind of debt. There are also Pennsylvania state laws that may impact your situation. At Boyle, Neblett & Wenger, our lawyers can provide information on the FDCPA and the recourse that you may have against the illegal conduct of debt collectors. Contact our firm today to learn more.
Restricted Collection Activities Under the FDCPA
Certain behaviors and practices are prohibited by the FDCPA, and debt collectors who violate the Act may be subject to lawsuits for monetary and statutory damages. These behaviors include:
- Using false claims or making false representations to collect information about the debtor or in an effort to collect a debt
- Using obscenity, racial slurs and other insulting language
- Making phone calls at unreasonable times (before 8 a.m. or after 9 p.m.) or calling repeatedly
- Contacting debtors at work after being told not to do so
- Using threats of violence
- Contacting relatives, neighbors, employers or others about the debts
- Threatening legal action without any intent to act
The debt collector must also send you a written notice within five days of its first contact with you to inform you of what you owe and to whom the debt is owed. You are given 30 days to respond to this notice and to ask for verification of the debt. You may also send a letter to instruct collection agencies to stop contacting you, although this does not prevent an agency from informing you about lawsuits or other actions taken concerning the debt.
Consumer Protection Under the Law
If you feel that you have been abused by a collection agency in Pennsylvania, contact the law firm of Boyle, Neblett & Wenger and learn more information about your rights and how to protect them. Get experienced counsel and representation from attorneys who understand how these abuses can impact your life. Call toll free at 866-661-7930 to make an appointment for a free consultation.
