Debt Collectors violate State and Federal laws every day and get away with it because consumers do not know how to identify illegal activity. The Federal Government enacted the Fair Debt Collections Practices Act in 1977 in an effort to protect consumers against abusive debt collection practices. The only problem is that people don’t know what debt collection schemes are illegal, or they are too embarrassed to ask. In an effort to remedy these issues, and clear the air I am writing this post to offer those help.
Who are “consumers” – well, they are every day people, you and me, who are purchasing things for a non-business purpose. Credit Cards, Medical Debt, Student Loans, and Auto Loans. Basically, if you enter into a credit agreement and it is not for your business then you will be protected by the FDCPA and State equivalents.
Debt collectors often use guilt and pressure based tactics in order to collect an alleged debt. They may ‘pressure’ you by saying they will sue, arrest, garnish, or disclose to your boss and family the underlying debt. This is illegal. FDCPA is the sword that consumers wield to prevent and remedy abusive and illegal debt collection practices. Debt collectors often ‘guilt’ consumers into paying a debt, no matter how small, by making them remember a purchase or two, this again is a trick. Don’t succumb to the debt collection tricks, contact me to discuss your remedy.
The debt collection industry acts like the mafia without weapon. They use threats of legal action, and depend on people not fighting. We fight these illegal practices in an effort to reform the industry. The Debt Collection industry is currently like the wild wild west, and an experienced consumer advocate will act as your defense and offense. We make sure it doesn’t turn out like the shoot out at the O.K. Corral.
The worst cases that I see are where the Debt Collector is so successful in using guilt and pressure to collect an alleged debt that even a person who does not owe the debt will pay for the collector to go away. First of all, paying a debt collector that is operating in an illegal fashion is not a remedy to the problem; it only incentivises them to continue the abuse. You should contact a consumer attorney, like me, to fight on your behalf.
Below I have listed illegal activity that it common in the debt collection industry. If you are being pursued by a debt collector, call our firm and ask for David Parnell. Debt collectors depend on people not seeking out help.
Most Common Illegal Collection Actions:
-!MOST COMMON!- Collection on an Incorrect amount [debt collectors commonly charge interest and fees that are illegal]- Debt Collectors cannot Lie or Misrepresent Facts- Sue or Threaten to sue after 6 Years of Non-Payment- Say or Imply anything about arrest, or going to jail- Threaten to garnish your wages without explainting that the Debt Collector must first file sue and get a judgment- Debt Collector cannot threaten to tell Work or Family of your alleged debt.- Debt Collectors cannot reveal to anyone other than you the purpose of their phone call.- Collection calls before 8:00 am, and After 9:00 pm- Debt collector cannot threaten to take away your property, including dogs or cats.- Debt Collectors cannot sue you for disputed amounts unless they have done a reasonable investigation into the dispute.- Continue to collect after you have disputed the debt and they have not validated (note: not ‘verified’)