Overview of Fair Debt Collection Laws and laundry list of actions/omissions that result in violations
Many people, including some lawyers and judges, don’t know how much protection is given to consumers in debt from creditors
Both Federal law and State law under the Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA) protect consumer rights from unfair collection practices. Consumers are generally shocked that they may actually have a potential lawsuit against the very people/entities that they owe money to. In a large percentage of cases, when creditors are pursuing a debt from consumers (this only applies to personal debt – rather than debt arising from a business), either by phone calls and/or by writing to the debtors, an FDCPA and/or RFDCPA violation can be found.
There is a laundry list of actions/omissions that amount to violations of the FDCPA and/or RFDCPA. How do you know if your rights have been violated?
Have you received calls or written correspondence from debt collectors for a personal debt [a debt that is not a business debt]? IF YES, please continue to 3:
If ANY of the below questions is answered YES, continue to 4:
a. Did you receive calls from a creditor or debt collector AFTER you informed them in writing not to contact you?
b. Did any creditors or debt collectors disclose that they were collecting a debt from you to ANY 3rd parties, including your relatives [not including your spouse], people at your place of work, neighbors etc.?
c. Did any creditors or debt collectors’ contact you by phone prior to 8am or after 9pm?
d. Did any creditor or debt collector use profanity on the telephone with you?
e. Did any creditor or debt collector threaten you or tell you that you will go to jail/prison if you do not pay or that?
f. Did you receive numerous calls from a creditor or debt collector within a short space of time [i.e. within a few hours]?
Did any of the above happen in the last year?
If your answer is YES, You very well may have claim against your creditor/s or debt collector/s pursuant to the Fair Debt Collections Practices Act (FDCPA) and/or The California Rosenthal Act (RFDCPA).