What are My Rights Under the FDCPA?

The FDCPA, also known as the Fair Debt Collection Practices Act, is a federal law that provides protection to consumers and safeguards them against unfair debt collection practices. If you feel that your consumer rights may have been violated, we urge you waste no time in contacting Bronson Law Offices, S.C. so you can hire a bankruptcy attorney from Westchester who will aggressively advocate on your behalf. Even if you have fallen behind on your financial obligations, you do have rights and our attorneys are here to help you protect those rights. We not only have more than 25 years legal experience and a comprehensive understanding of the FDCPA, we also have in-depth knowledge of creditor-debtor law and the honest protection it provides.

Not all consumers are aware of their legal rights. As a result, many consumers may end up finding themselves subjected to wage garnishments, bank holds, property liens and extensive lawsuits. Here are some of the rights you have under the FDCPA:

  • You do have the right to dispute the debt and one of our knowledgeable attorneys will be happy to assist you in drafting the necessary documentation to do so in a timely fashion.
  • No debt collector is allowed to call you either before 8 in the morning or after 9 in the evening, without your specific permission.
  • Debt collectors are not allowed to contact you at work, providing you inform them that you are not allowed to receive personal calls in the workplace.
  • If a debt collector continues to call you, even after you have requested he or she stop doing so, sending a certified letter (along with a request for a return receipt) should put an end to the phone calls. It will not eliminate the debt, but it will ease the stress caused by the constant harassing calls.
  • Debt collectors are not permitted to discuss your debt with any individual other than you, your spouse and your attorney. Speaking with family, friends, co-workers or others about your debt is a violation of your privacy and a FDCPA violation as well.
  • Creditor harassment is not allowed. Threatening you or your family with violence, harm, humiliation or any other type of intimidation tactic is a violation of your rights. Debt collectors cannot use obscene language, threaten incarceration or seizure of assets and property, nor may they infer that legal action will be taken against you if it is against the law to do so.
  • In some cases debt collectors have been known to falsely claim that they were attorneys or government officials. Any type of misrepresentation or false claims are a violation of the FDCPA.

It is important to note that creditors who are attempting to collect on their own debt, are not covered under the Fair Debt Collection Practices Act. This particular law only applies to debt collectors, debt buyers and others who attempt to collect payment on behalf of a third party. There are still ways in which you can protect yourself against unlawful collection efforts or creditor harassment and our attorneys are here to help. To find out more about your rights under the FDCPA, contact a Westchester bankruptcy attorney at our law offices immediately. We are committed to helping you protect your interests and fight for the rights afforded to you by the Fair Debt Collection Practices Act.

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