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FDCPA

Fair Debt Collection Practice Act

If you are having financial troubles, there is a good chance that you are having to deal with debt collectors. We can help you if you are being unlawfully harassed or threatened by a debt collector.

 

The Federal Debt Collection Practices Act (“FDCPA”) provides you important rights and restricts what debt collectors can do in an effort to collect a debt. It is important to distinguish the difference between an original creditor, the person or entity that provided the loan, and a debt collector, a person or entity that was assigned the right to collect what is “due another.”

The FDCPA is a federal law that regulates the actions of debt collectors and protects those in debt from threats, harassment, and other abusive debt-collection tactics. Under the FDCPA many of these once commonplace practices are now illegal under federal law.

The most common violations of the FDCPA include:

  • Continued attempts to collect debt not owed
  • Using obscene or profane language
  • Attempting to collect more than what is owed
  • The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person
  • Calling you more than seven times in a seven-day period.
  • By calling you again within seven days of speaking with you about the debt
  • Contacting you after you told them you are represented by an attorney
  • Threatening to report the debt to law enforcement
  • Disclosure verification of debt through written or verbal communication to a third person— even disclosing the debt on an envelope is a violation.
  • The threat to take any action that cannot legally be taken or that is not intended to be taken.
  • The false representation or implication that documents are part of a legal process.
  • Failing to disclose they are a debt collector
  • Calling your mobile phone without permission
  • Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mail or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

1 https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text#803
2 https://www.consumerfinance.gov/ask-cfpb/how-often-can-a-debt-collector-call-me-en-2110/

You can read more about potential violations on the Federal Trade Commission’s website, here.

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Contact Information

  • Phone: +1(855) 504-3177
  • mail: info@realet.com
  • Address: 3557 Derek Drive, Orlando, Florida

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