You’re in debt. And you’ve resorted to using your credit line to pay off your debt in the short run – which has only compounded your problems in the long run. Now, overzealous debt collectors are coming after you and treating you in ways that make you uncomfortable.
Are debt collectors allowed to treat you this way? What are your options, if you have any?
According to the Fair Debt Collection Practices Act (FDCPA), you are entitled to be treated fairly during the process of debt collection. The Federal Trade Commission (FTC), the nation’s consumer protection agency, “prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.”
Here are some examples of illegal debt collection practices:
• Calling too early in the morning before or too late at night
• Telephone calls made from an auto-dialer
• Using profane language when attempting to collect
• Threatening you in any manner
• Not revealing their identity
• Suing on a time-barred debt
• Misrepresenting the debt in any way
• Contacting you when represented by an attorney
• Contacting third parties regarding your debt
Furthermore, the FDCPA requires debt collectors to adhere to the following guidelines:
• Identify themselves and notify the consumer
• Give the name and address of the original creditor
• Notify the consumer of their right to dispute the debt
• Provide verification of the debt
• File a lawsuit in a proper venue
Unfortunately, defending yourself against debt collectors can be a complicated and difficult task. There are a lot of facets to the FDCPA. And in some cases, the Texas Consumer Protection Act (TCPA) providers for stronger protections and would be a more appropriate tool to redress violations of the act.
If you’d like to know exactly what your options are in your circumstance, it’s best to enlist the help of a debt defense attorney to lead you through the process. Contact Texas debt collection attorney David Fernandez today:
Law Firm of David A. Fernandez, P.C.
4801 Woodway Ste. 300 East
Houston, Texas 77056
Phone: 713-513-4895
E-mail: davidafernandezlawoffice@mcom.com