Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collections Practices Act is a federal law that protects consumers against certain practices that collection agencies are generally known to engage in. The prohibits such things as excessive calls, calls made before or after certain hours of the day, abusive or threatening language, calls made to third parties such as friends, family, or place of work (especially after a specific request in writing has been made to cease such calls), and a variety of other activities. In addition, a collector is prohibited by the Act to make contact with a consumer about a debt by way of a cellular phone device. So if a collection agency attempts to collect by calling your cell, it has automatically violated federal law.
THERE ARE NO FEES CHARGED AT ALL TO STOP A COLLECTION AGENCY FROM HARASSING YOU!!
The Act also designates certain required conduct and disclosures on the part of the collection agency when they attempt to collect on a debt. These things would include identifying themselves as a debt collector (even if they are just leaving a message), giving the name and address of the original creditor (upon written request), verification of the debt itself, and a whole set of other requirements.
$0 FEES TO FILE AN FDCPA CLAIM AGAINST A LAW BREAKING COLLECTOR!!
The FDCPA is described as a ‘strict liability’ law, which means that the consumer need not prove actual damages in order for the collection agency to be held liable. Each violation of the Act results in up to $1,000 in damages that the collection agency would be required to pay out to the consumer.
The St. Louis bankruptcy lawyers at Brinkman & Alter, LLC have the background and knowledge necessary to handle violations of this sort. We take you consumer rights seriously, and ready to guide you towards the financial future you deserve.