Fair Debt Collection Practices Act

Skilled Attorney Explains the Fair Debt Collection Practices Act

The FDCPA protects you from abusive debt collectors

The Fair Debt Collections Practices Act (FDCPA) is a federal statute that outlaws abusive conduct by debt collectors. Passed in 1977, the act was a response to widespread concerns that abusive debt-collection practices would drive an increasing number of consumers to seek bankruptcy protection.

Under the FDCPA, consumers can file suit in state or federal court to collect damages from abusive debt collectors. The consumer need not prove actual damages. The FDCPA provides for statutory damages plus attorney’s fees if the violation is proved. If abusive debt collectors are hounding you, our attorney, Rebecca Hockenberry, can help.

Examples of FDCPA violations

The FDCPA establishes guidelines that debt-collection agencies must follow, and it specifies tactics that are prohibited. Practices that violate the FDCPA include:

  • Asking you to pay more than you owe
  • Asking you to pay interest, fees or expenses that are not allowed by law
  • Calling repeatedly or continuously
  • Using obscene, profane or abusive language
  • Calling before 8 a.m. or after 9 p.m.
  • Calling at times the collector knew or should know are inconvenient
  • Using or threatening to use violence if you don’t pay the debt
  • Threatening action they cannot or will not take
  • Illegally informing a third party about your alleged debt
  • Repeatedly calling a third party to get your location information
  • Contacting you at work after being told not to
  • Failing to send a written debt validation notice
  • Ignoring your written request to verify the debt
  • Continuing to collect on the debt before providing verification
  • Continuing collection attempts after receiving a cease-communication notice

If a debt collector has committed any of those FDCPA violations or engaged in other abusive behavior, contact Attorney Rebecca Hockenberry to learn how to pursue your rights.

Call an Ohio debtors’ rights attorney for a free consultation

Hockenberry Law Office, LLC fights for debtors’ rights in Columbus and throughout Ohio. We are available from 9 a.m. to 5 p.m., Monday through Friday, and by appointment at other times. Call us at (567) 560-2095 or contact us online to schedule a free 15-minute consultation.

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