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What is FDCPA?

The Fair Debt Collection Practices Act

FDCPA stands for the Fair Debt Collection Practice Act, a set of laws enacted by Congress to regulate the industry of debt collection and so protect the rights of consumers. The Act seeks to keep debtors from being harassed or abused by debt collectors and specifically outlaws certain practices. It says, "A debt collector my not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in collection of a debt." This includes the use of violence or other criminal means to coerce payment from a debtor. Threats of physical violence or threats to damage the debtor's personal property or reputation are prohibited as well.

Debt collectors are not allowed to use obscene language when addressing a debtor because the "natural consequence" of such language is abusive and demeaning. Debt collectors are not allowed to publish a list of debtors who refuse (or are unable) to pay their outstanding debts. Published lists are only allowed if produced by a consumer reporting agency or by individuals who meet specific requirements outlined by the Federal Trade Commission (FTC). Debt collectors cannot pretend to sell the debt in order to elicit payment from the debtor. Additionally, creditors are not allowed to repeated call debtors with the intention of harassing them or annoying them.

The FDCPA also prohibits any false or misleading representations. This means that "a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt." For instance, debt collectors may not threat to take legal action that is not legally plausible. If the action is legally plausible, the debt collector must intend on actually taking the threatened legal action. Statements like, "If you don't pay now, you'll go to jail for this" are unacceptable, unfounded threats. The debt collector is, under no circumstances, allowed to lie about the character, amount, or legal status of the debt.

Further, the FDCPA clearly states that "the false representation of implication that any individual is an attorney or that any communication is from an attorney" is strictly prohibited. In other words, the debt collector cannot pretend to be a legal professional or imply that he/she is communicating on behalf of a legal professional or lawyer. If you are being subjected to disrespectful and abusive treatment by debt collectors, talk to their legal team immediately. Your legal counsel can take steps to protect your rights and can even act as your representative in all communication with the debt collector regarding your debt.

Fighting Against Creditor Harassment!

When an attorney from Price Law Group addresses debt collectors on your behalf, the debt collectors know they must follow the law and cease their harassment of you. The legal team at the firm can escalate the actions taken as needed to ensure you are treated as you deserve. As the largest consumer bankruptcy firm in the southwest with 20 years in practice, they can also help you identify the best overall solution for your financial situation. They can take care of the immediate threat then guide you through a strategic program designed to free you from such situations altogether.

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