Unfair Debt Collection Practices: Suing Debt Collectors
Most debt collectors have one goal: to get your money. Sometimes, to achieve that goal, debt collectors will take unethical actions.
You may be unsure whether a debt collector has acted illegally or not. But, you should know, there are many actions they are NOT allowed to. In fact, the FDCPA allows consumers to sue debt collectors, so if a debt collector violates the law, you have rights that you can sue for.
What are Common Debt Collector Violations (according to the FDCPA)?
In general, here are some common FDCPA violations that debt collectors make (which does include creditors and attorneys collecting debt). They can’t:
- Raise their voice, scream or get angry with you.
- Try to give a false impression that they (or their company) is connected to the police, government, courts or other such groups or institutions.
- Try and collect more money than you owe, such as “adding” insurance, interest fees, late charges or other fees.
- Call you at unreasonable hours. They can only call before 8 am or after 9 pm, your local time.
- Call you about your debt at your place of work.
- Call and leave messages with people at your work or home, asking them to have you call them back about your debt.
- Call other people about your debt, such as your friends, family members, coworkers or boss.
- Tell anyone else that they are attempting to collect debt from you.
- Leave a message on an answering machine without saying that their name, their company name and the fact that they are trying to collect a debt from you.
- Sue, or even threaten to sue, you over a debt that you have not made a payment on for more than for years (in California, that is. The law varies in different states.)
- Say or imply anything about arrest, going to jail or anything along those lines.
- Make abusive comments or use vulgar or foul language.
- Call non-stop or continuously.
You think a debt collector has violated laws and want to know, “Do I have a case? What do I do?”
If you’ve been harassed by a debt collector, there’s a good chance you have a case, especially if you have experienced any of the common violations listed above. At Sinnett Law, we know every story is different. Call us today so we can hear about your specific situation. If you have a case, we’re happy to discuss the next steps. Just give us a call at 619-752-0703; we’re happy offer completely FREE consultation.
How much will it cost?
If a debt collector has indeed made a FDCPA violation against you, you may be entitled to statutory penalties and actual damages. In addition, the debt collector is required to pay your attorney, which means you don’t have to pay anything!
As the first consultation is always free, and a violating debt collector would be paying for your attorney, most of our clients pay nothing out of pocket. To get your FREE consultation, feel free to give us a ring at 619-752-0703.