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
Stop Unwanted Robocalls
You have the power to Stop Unwanted Robocalls to your cellphone
Banks, telemarketers and debt collectors use auto-dialers and robocalls as a low-cost means of reaching customers to sell products and services or collect debt. But calling a consumer’s cellphone requires permission from the consumer. Often, unbeknownst to the consumer, that permission is provided when the consumer applies for credit.
Contact us to Learn
More About robocalls
and Your consumer Rights
Attorney Andy Milz speaks about Unwanted Calls and Texts
Steps to Stop Robocalls
1. Request identity of the caller, the company name and the company's location.
2. Send Written Notification to the caller, by Certified Mail Return Receipt if possible, requesting the calls to stop. Keep a copy of your letter and the postal green card.
3. If calls resume, create a CALL LOG to document the calls, including date and time of the call, name of caller & company, Caller ID and details of the phone message or conversation.
4. Remind the caller that you have requested the calls to stop.
5. Contact your cellphone provider to Request Call Records showing calls to your phone.
6. Register your cell phone and landline numbers with the National Do-Not-Call Registry.
CLICK HERE FOR HELPFUL FORMS
The Law: Telephone Consumer Protection Act
The Telephone Consumer Protection Act, also referred to as the TCPA, is a federal law that was signed in 1991 limiting the use of automatic dialing systems, artificial or pre-recorded voice messages, text messages and fax machines to reach consumers. Unless the consumer provides permission, the robocalls could be in violation of the law. The law permits consumers to file unwanted call lawsuits and recover $500 to $1,500 for each violating call or text placed to their cell phone without permission, or after asking the caller to stop.
Know Your Rights. Contact Us Today.
Flitter Milz is a nationally recognized consumer protection law firm that represents
victims of auto-dialed robocall technology used by telemarketers, lenders and debt collectors.
CLICK HERE for a free evaluation.
