Violations of the FDCPA
The most important thing to remember is that the FDCPA gives you rights. Because this law is enforced by the Federal Trade Commission, consumers are encouraged to make complaints through the agency. Every year, more than 80,000 violations are reported. According to the Consumer Financial Protection Bureau, 40 percent of complaints involve continued collections over a debt that is not owed or has been paid. Nearly one-fifth of reports relate to prohibited collection tactics, such as calling too frequently, contacting the debtor at work or calling at inconvenient times. The number of complaints about collection agencies failing to verify debts has increased to 11 percent. The remaining complaints relate to false statements and misrepresentation as well as sharing information unlawfully and talking to other people about the account.
- Debt Collection Requirements and Violations
- Companies must give you proof of the unpaid account at the onset of collections.
- If a company doesn’t have proof of the debt, it cannot contact you or legally collect it.
- Financial recovery agencies must give you 30 days to dispute new collections.
- Debt collectors must identify themselves accurately and clearly.
- Collection agents cannot call you before 8 a.m. or after 9 p.m. without your permission.
- Debt collectors cannot continue contacting you after you ask them to stop.
- Information about the debt can only be disclosed to you, your attorney or an authorized agent.
- Debt collectors cannot threaten consumers or make deceptive statements.
- It is illegal for debt collectors to impersonate police officers, IRS agents or lawyers.
If you have been harassed by debt collectors, I can stop the calls and help you recover damages. I have worked as a bankruptcy attorney for more than 25 years. During this time, I have represented clients in court, negotiated with credit card companies and dealt with abusive debt collectors. Companies that violate federal laws must be held accountable. This will ensure that you are treated fairly. Contact Gary Hammond of Mitchell & Hammond at 405-216-0007 to schedule a free appointment.