What is considered unfair and harassing debt collection?
Unfair and harassing debt collection practices occur when debt collectors violate your rights under the Fair Debt Collection Practices Act (FDCPA). Common violations include repeated phone calls, suing on a debt you don’t owe, threats of violence or harm, using obscene language, making false claims about the debt, or contacting third parties like your employer or family without permission. These practices aim to pressure you into paying a debt, but they are illegal.
Fair Debt Collection Practices Act (FDCPA)
Unfair debt collection laws are primarily governed by the FDCPA, which protects consumers from abusive, deceptive, and unfair practices by debt collectors. Collectors cannot use unfair or unconscionable means to collect or engage in conduct the natural consequence of which is to harass, oppress or abuse. These laws prohibit debt collectors from engaging in certain behaviors, such as collecting an amount not owed, contacting consumers at unreasonable hours, misrepresenting the amount owed or the legal status of a debt, threatening to file a lawsuit when the collector cannot or does not intend to do so, threatening actions they cannot legally take or causing a telephone to ring or engaging in telephone conversations repeatedly with the intent to annoy, abuse or harass. Additionally, the law ensures consumers have the right to dispute and verify debts before any collection actions are taken. The FDCPA is found at 15 U.S.C. 1692 et.seq.
Rosenthal Fair Debt Collection Practices Act (RFDCPA)
The RFDCPA is California’s version of the federal Fair Debt Collection Practices Act, created to regulate debt collectors and prevent abusive practices. Like the FDCPA, the Rosenthal Act prohibits debt collectors from using threats, harassment, or deception to collect debts. It expands on the FDCPA by including not only third-party debt collectors but also original creditors who collect their own debts, something not covered under the federal law. The Rosenthal Act ensures fairness by imposing additional state-level protections for California consumers, including the prohibition of false or misleading representations and improper communications with third parties. The RFDCPA is found at Civil Code 1781 et.seq.
Consumer Protection Lawyer for Unfair Debt Collection
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Frequently Asked Questions - Lawyer for Unfair Debt Collection
What is considered unfair and harassing debt collection?
Unfair and harassing debt collection practices occur when debt collectors violate your rights under the Fair Debt Collection Practices Act (FDCPA). Violations include repeated phone calls, suing on a debt you don’t owe, making false claims about the debt, contacting third parties like your employer or family without permission, threats of violence or harm, or... [Read More]What rights do I have under the FDCPA to protect myself from collection harassment?
What are some common examples of unfair collection practices?
Can debt collectors contact my family or employer?
What should I do if I experience collection harassment?
Consumer Protection Lawyer for Unfair Debt Collection