In many cases, it seems that bill collectors feel that they have the right to do whatever they please in the process of collecting a debt. In fact, debtors have rights provided by a number of state and federal statutes that require bill collectors to follow certain rules in the process of collecting any debt. Failure to follow these rules can constitute harassment on the part of the bill collector.
Many debtors are not aware of their rights in these situations and allow the harassment to go unchallenged. It is important that debtors become educated about their rights and seek the assistance of a qualified lawyer when violations occur. While there are other laws that can provide protection to debtors, it is the Fair Debt Collection Practices Act (FDCPA) that deals most specifically with their rights.
Honest Counsel for Honest Debt Solutions | Contact Brent W. Davis & Associates
I am Birmingham attorney Brent W. Davis. I help people in Birmingham AL and Homewood area get the debt relief they need through Chapter 7 and Chapter 13 bankruptcy. Debt issues can create all types of problems for you and your family. I am committed to helping you find the best solution for your needs so you can leave your debt behind and move on with your life.
Stop Creditor Harassment: Understanding Your Rights Under the FDCPA
The FDCPA limits the actions that bill collectors can take in the process of collecting a debt. Specifically, the Act “prohibits false, deceptive, misleading, harassing, abusive and offensive conduct during collection of consumer debts.”
This includes, but is not limited to, the following:
- Contacting a third party about your debt other than to confirm your location
- Calling after you have told the collector that you are being represented by an attorney
- Calling you at work after you have told them not to do so
- Using profane or threatening language
- Making false or misleading statements
- Threatening legal action without the ability to follow through with it
- Calling outside of the hours of 8 a.m. and 9 p.m.
If you feel that your rights may have been violated, don’t hesitate to fight back. You may be entitled to seek damages from the creditor, including statutory damages, attorney fees and emotional distress. I will provide a complete review of your case to determine if any violation of your rights occurred. If so, I will explain your legal options and give you my honest opinion about the best course of action.
Get a Free Consultation With a Dedicated Alabama Lawyer
When your rights have been violated, I am ready to fight for you. Contact my office to schedule a free, in-person consultation at my office in Birmingham. My regular business hours are 7:30 a.m. to 6 p.m., Monday through Friday. Free parking is available. You can reach me by phone at (205) 989-1919. You can also contact me via e-mail.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.