What is the Function of the Fair Debt Collection Practices Act?

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Consumers here in the United States have rights, and many of those rights are protected under the Fair Debt Collection Practices Act. Enacted in 1977, the Fair Debt Collection Practices Act is designed to protect consumers from abusive and deceptive practices by debt collectors. If you are someone who is in any amount of debt, there is a strong chance that you have experienced what it is like to deal with debt collectors. Unfortunately, debt collection agencies often violate consumers’ rights by harassing them or otherwise treating them unfairly. If you are currently being harassed by debt collections, you must continue reading and reach out to a dedicated New York City debt collection harassment lawyer from Rahman Legal to learn more about your rights and how our firm can help protect them.

What are my rights under the Fair Debt Collection Practices Act?

You should understand that you have several rights under the Fair Debt Collection Practices Act, and we can use these rights to help ward off debt collectors and, in some cases, even turn the tables and file a lawsuit against them for unfair debt collection practices. The first thing you should understand is that not all parties are beholden to the FDCPA; only third-party debt collectors are. These are companies or individuals who collect debts on behalf of creditors; not original creditors, such as credit card companies or other financial institutions.

That said, third-party debt collectors are prohibited from doing the following under the FDCPA:

  • Making phone calls to those they believe owe them money at certain times (typically before 8 a.m. or after 9 p.m.)
  • Making false or misleading statements when communicating with debtors (such as falsely claiming to be an attorney)
  • Calling consumers repeatedly
  • Using profane or threatening language when speaking with debtors

Debtors are also required, under the FDCPA, to give consumers written notice of the debt within five days of the initial contact. Also, the FDCPA gives consumers the right to dispute debts and to request that a debt collector stop communicating with them, and, if the debt collector violates the FDCPA, they can sue the debt collector for damages. These can include statutory damages, attorney’s fees, court costs, and more.

If you believe your rights under the FDCPA have been violated, the time to act is now, and Rahman Legal is here to help. Contact us so we can protect your rights and fight for your financial future.

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