The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that regulates how a collection agency operates. A collection agency is anyone who regulatory collects or attempts to collect debts owed or due or asserted to be owed or due to another. The FDCPA was created to protect consumers from the harassing, abusive, deceptive and unfair practices employed by debt collectors.
What kind of debt is covered?
All personal, family and household debt . This includes credit card debt, medical bills, personal loans, and any other debt. The FDCPA does not apply to business debt.
Violations of the FDCPA
Debt Collectors can’t do any of the following:
Can’t call consumer between 8:00 a.m. and 9:00 a.m., can’t call third parties about the debt, except in a few very limited situations; can’t threaten violence, use obscene language, harm physically or the reputation of the consumer; can;t make phone calls without identifying him/herself; can’t annoy, harass abuse a person my repeatedly calling or allowing the phone to continuously ring; can’t use any false or misleading statements to collect a deb; can’t threaten criminal violations for a debt.
Consumers remedies for violations:
If a debt collector violates any FDCPA provision, a consumer may bring a lawsuit and recover any actual damages, as well as $1,000.00, plus costs and attorney’s fees.
The Law Offices of Shaya Markovic, P.A. is a debt defense attorney located in Hollywood, Florida. If you have been contacted by a debt collector call my office at (786) 529-2176 for a free consultation.