HARASSED BY A DEBT COLLECTOR?

If you have been harassed by a debt collector, you have rights under the Fair Debt Collection Practices Act [FDCPA].  The FDCPA protects consumers, who are harassed by debt collectors. If a court finds in favor of a consumer's claims of harassment, the court can award attorneys fees to the consumer's lawyer paid by the other side. This is intended to enable Consumer Lawyers like us to represent consumers who cannot afford the cost of bringing a lawsuit. We get paid only if we win, and will take a good case on this basis. If you believe you have been the victim of harassment or other illegal collection tactics, you can Tell Us About Your Case, or provide your contact information on the form to the right, and we will respond promptly

More about the FDCPA....

Enacted in 1978, the FDCPA establishes the general standards for debt collection practice by prohibiting harassment, abuse, invasion of privacy, false, deceptive or misleading statements or representations, and unfair or unconscionable collection tactics. The terms "deceptive" and "misleading" were left intentionally broad so the Act could remain flexible, adaptable to new frauds, deceptions, and overreaching by collectors. The FDCPA is also specific and targets over forty individual types of conduct in nine categories which are either prohibited or required.

Credit Card Issuers Exempt. The Act applies only to third party debt collectors and exempts creditors collecting their own accounts. Thus, the credit card issuing banks such as American Express, Capital One, Chase, Citibank, and Discover Card, for example, are exempt. and not covered by the Act. Debt buyers such as Asset Acceptance, Atlantic Credit & Financing, LVNV Funding, Portfolio Recovery Services and Unifund CCR Partners, for example, collecting on the defaulted accounts they have purchased are considered third party collectors, and are covered by the Act.

Applies to Consumer Debt Only. The FDCPA applies to consumer debt only. A Consumer debt is an obligation for money, goods, insurance or services incurred primarily for personal, family or household purposes. The Act does not apply to business debt, that is, debt incurred primarily for a business purpose.

Copyright 2009 The Law Office of William J Rose:  Debt settlement California.  All rights reserved.

William J. Rose

California Consumer Attorney.