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Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act was put into place to protect the rights of consumers. When you are past your due date on certain payments, then you may be hit with a debt collector or creditor – someone who is paid to contact you and try to get the payment that is owed. Debt collectors can make your life even more stressful than it already is. They may call during the day and evening; they may show up at your door; they may send letters. However, there are many things that they may not do which are addressed under the Fair Debt Collection Practices Act.

Fair Debt Collection Practices Act

If you are dealing with creditors that are not playing by the rules, then there is something that you can do about it. Speaking to a Minnesota bankruptcy and consumer rights lawyer can ensure that the creditor’s unlawful behavior is stopped right away.  Under the Fair Debt Collection Practices Act (FDCPA) the following circumstances are prohibited:

  • Contacting the consumer before 8am or after 9pm any day of the week
  • Continuing to contact you after you have told them you plan on paying
  • Telling a third party on the phone that they are calling about collecting debts
  • Communicating by postcard with obvious language or indicators that they are collecting debts
  • Using violence, threats, profane language or obscenity
  • Using false representation
  • Contacting a third party, such as your office or your family, in an attempt to get in touch with you.

Contact us today at 612-377-5311 for a free initial consultation on a FDCPA matter.

There are several reasons why you may have fallen behind on payments and may feel like debt is overwhelming your life. You may have gotten divorced, gotten fired, become injured or ill. You may have suffered from a natural disaster not covered by insurance or may have experienced a family emergency that has put your life on hold. You may have invested in a failed business venture or made a mistake financially. Whatever the case, creditors don’t seem to care.

Just because someone is constantly calling you or sending letters through the mail informing you about a missed payment or overdue credit card bill doesn’t mean that you will automatically be able to come up with the money. In most instances, if you can afford to pay the bill, then you will. However, creditors do not see it this way and it is their job to hassle you and remind you about the outstanding debt that you owe (as if you actually forgot!).

One way to get the creditors to stop calling is to consider filing for bankruptcy. Under an automatic stay, all creditor harassment will cease within seven days of the petition being filed. However, this is not your only option. If debt collectors violate the Fair Debt Collections Practices Act, you may be able to explore other options. Learn more about your legal rights pertaining to the Fair Debt Agreement by contacting Minnesota bankruptcy attorney, Brea Buettner-Stanchfield today. Contact us today at 612-377-5311 for a free initial consultation.