Fair Debt Collection Practices

Protection for Debtors — The Fair Debt Collection Practices Act

At Norris Emery, PLLC, we help clients protect themselves from debt collection practices made illegal by the federal Fair Debt Collection Practices Act (FDCPA). This act describes what debt collectors can and cannot do in their efforts to collect. It is a powerful tool that debtors can use to stop harassing behavior by creditors and even file counterclaims against collection agencies. Debtors can save money and reduce emotional stress by invoking the FDCPA.

General Provisions of FDCPA

Our attorney educates clients about their rights and options under this law. By understanding the law’s provisions, individuals can make better decisions about responding to collection actions. General features of the law include these:

  • Limitations on how and when the collector may contact a debtor
  • Requirements about the information a collector must provide the debtor
  • Prohibitions on contacting third parties more than once
  • Information about stopping debt collectors from making contact
  • Details about the types of debts covered by the law

Details of FDCPA

This consumer protection law describes all of these behaviors in great detail, giving debtors the information they need to determine whether they are being harassed. For example, debt collectors cannot use harass consumers, use obscene language, threaten violence or harm, publish the names of delinquent people or call someone repeatedly. They cannot lie, either when talking with the debtor or by reporting false information to a credit reporting agency. They cannot garnish many federal benefits. These types of prohibitions and many others are described in the FDCPA.

Debtors Have Rights Under the FDCPA

The Fair Debt Collection Practices Act allows debtors to defend against collection lawsuits. It also allows them to file counterclaims against collection agencies who violated the law. They may be able to obtain damages for losses suffered because of the illegal debt collection practices, such as lost wages and medical expenses. They can also receive up to $1,000, even if no damages are awarded. Finally, they can be reimbursed for court costs and attorney’s fees. Debtors have rights and should contact a debt collection defense lawyer to learn more.

Learn How our Law Firm Can Assist You

To discuss your situation and learn how we can help you, contact us today for a free initial telephone consultation to evaluate your possible case under the Fair Debt Collection Practices Act.

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Office Location

1033 Bullard Court, Suite 207
Raleigh, NC 27615
Phone:  (919) 981-447
Fax:  (919) 926-1676
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