Fair Debt Collection Practices Act
Security from an Orange County Bankruptcy Attorney
In order to protect consumers from abusive debt collection practices, Congress passed the Fair Debt Collection Practices Act (FDCPA). The act regulates the actions of collection agencies that are trying to gather legitimate debts. Personal, family, and household debts are all covered under the FDCPA, including credit cards, mortgage loans, auto loans, and medical bills. If you are facing debt abuse or harassment, then talk to an Orange County bankruptcy lawyer at 1st California Law, Inc. Our goal is to make sure that your rights are protected!
Restrictions on Debt Collection Agencies
Under the FDCPA, debt collectors are not allowed to engage in the following conduct:
- Repeated calling a debtor before 8am or after 9pm
- Calling individuals at an inappropriate place, such as work
- Using obscene language, insults, or racial slurs
- Falsifying or misrepresenting information
- Charging collection fees that are not stated in a debtor's contract
- Suing in courts that are far from the debtor's residence
- Contacting a person that does not owe the debt, such as a family member
- Collecting information under false pretenses
- Threatening a debtor with arrest or false consequences
If a debt collection agency commits one of these or another abusive practice against you, then you have the right to pursue legal action. Any debt collection agency or lawyer that practices debt collection is subject to these rules. The only exempt collection agents are in-house agencies.
What information should the debt collector provide about my debt?
Once a collection agent has contacted you about your debt, they are required to send you a notice about your debt within the first five days. The notice must state the amount of money owed and the creditor's name. In addition, the written notice must also state that you have 30 days to dispute the claim, or else the debt will be assumed valid.
The debt collection agency should also inform you that any communication will be used to collect the debt. All subsequent communication from the debt collector should contain a statement about this called the "Mini-Miranda Warning."
Help from Our Legal Team
If a debt collector has been harassing you, then you should immediately contact a competent legal representative from 1st California Law, Inc. to assist you. An Orange County debt defense lawyer from our firm can make sure that all your rights are protected under the Fair Debt Collection Practice Act. We can help you file a report to the Attorney General or the Federal Trade Commission. If necessary, we will not hesitate to pursue litigation against the abusive debt collection agency.
We understand that you are already experiencing stress because of you financial situation. The last thing you need is further burden from a debt collection agent. Our firm is available to take your calls at any time of day or night, even on the weekends!
We want to make sure that your needs are met at all times. To get a free consultation, call our office at (714) 881-7300.
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"Kevin Kunde is an attorney licensed by the State Bar of California. Mr. Kunde graduated from Chapman University School of Law where he was a Senior Editor for the Nexus Law Journal, a Dean's Fellow/teaching assistant for Contracts course and served as a Judicial Extern for the Honorable John Rayburn for the U.S. District Court for the Central District of California"Read Full Bio