You Can Fight Against Abusive Debt Collectors
Debt Collectors must follow the law...
Collectors are subject to the Fair Debt Collection Practices Act (FDCPA) when attempting to collect debt from consumers for personal or household obligations, such as credit cards, medical bills, utilities or personal loans.
...whether a debt is owed or not.
Collectors may be in violation of the FDCPA when they:
- Threaten, harass, deceive or misrepresent the debt to the consumer.
- Fail to identify the underlying creditor.
- Provide inaccurate information about the debt and the amount claimed to be owed.
- Prohibit the consumer to dispute the debt.
- Inaccurately credit report or update the current debt status to the credit bureaus.
- Call the consumer's cell phone without permission.
- Threaten legal action, or sue, on a time-barred or "stale" debt.
- Continue collection after the consumer has filed for bankruptcy.
- Continue collection after being told to stop
"Unfair Debt Collection Practices" - Attorney Cary Flitter
The Law:
Fair Debt Collection Practices ActThe FDCPA provides legal protections for consumers from a collector's abusive collection tactics. If a collector has violated the FDCPA the consumer may pursue a lawsuit against the collector, and the collector will be responsible for legal fees.
Common Violations of the Federal Law
The Fair Debt Collection Practices Act provides protections for consumers from a collector's abusive tactics.
- Harassment, threats or abusive collection tactics
- Continued contact after a written request to stop
- False or misleading information about the debt
- Threaten a lawsuit when none is intended
- Failing to disclose they are a debt collector
- Claiming to work for a credit bureau
- Debt information disclosed to a family member, neighbor, friend or co-worker
Contact us to discuss
your rights againsT
abusive debt collectors.
- Misrepresentation of the amount of the debt
- Contact before 8 a.m. or after 9 p.m. without your permission
- Threaten tax consequences or reporting to the IRS if untrue
- Failing to tell credit bureaus that you’ve disputed a debt
- Continued collection efforts after filing for bankruptcy
- Contact your cellphone without permission
- Personal account information placed or visible on an envelope from a collector
Steps to Take Against an Abusive Collector
- Create a CALL LOG and document the contact with date, time of day, name of the collector and agency, Caller ID and details of the conversation or phone message.
- Send a CEASE & DESIST LETTER requesting the collector stop contact. Upon receipt of your letter the collector is to stop all collection efforts. However, the creditor may reassign the collection to a new collection agency.
- Write to the collector and request the collector provide VALIDATION & ITEMIZATION for the amount of the debt claimed.
- Prepare a THIRD PARTY STATEMENT when a collector contacts a family member, neighbor, friend or co-worker about your debt. Ask for a statement that includes the date and time of the contact, name of the collector and agency, Caller ID and details of what happened.
“When bill collectors called my grandmother about my hospital bills, she not only found out about my debt, but also private information about my medical condition. Flitter Milz put a stop to it.”
Flitter Milz Can Help. Free Legal Evaluation.
Flitter Milz has helped people like you fight against abusive collection agencies and law firms for over 20 years.
Contact us today, for a free legal review of collection calls or letters you’ve received. Whether you fell behind on payments
or not, if the collector violated the law, you can sue and the collector will be responsible for the legal fees.
Our lawyers don’t just practice consumer law – they litigate the tough cases that make new law.
No Charge Consultation. No Ongoing Fees.
Learn More About Abusive Debt Collection
1. 8 Tips for dealing with debt collectors
2. How do I know if the debt collector is legitimate?
3. What to do if debt collectors contact your family members
4. Tips for Older Americans in Debt
5. Co-signing a loan: All Risk, Little Reward
6. How does a “Charge-Off” affect the consumer?
7. Why is the same debt listed multiple times on my credit reports?
8. How a Judgment Affects Your Credit
9. How to Pay Off Credit Card Debt
10. What to do if you’re sued for a car loan deficiency
11. Debt Collection Against Military Personnel
12. Collection Contact after a debt is paid
13. Can I be sent to jail if I owe money?
14. Debt collectors must play by the rules
15. Stand Up to Collection Agency Harassment
