Fair Debt Collections Practices Act (FDCPA)

telephoneconsumerprotectionThe Fair Debt Collections Practices Act, commonly referred to as the FDCPA is a Federal law that’s sole purpose is to prevent the abuse of consumers at the hands of collection agencies. There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to personal bankruptcies, marital instability, unemployment, and to invasion of individual privacy.

It is the purpose of the FDCPA to eliminate abusive debt collection practices, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State and Federal action to protect consumers against debt collection abuses.

The time allowed by law in which you may file a lawsuit after a violation of the FDCPA is limited. If you wait to contact an attorney, you may end up being barred by the statute of limitations from proceeding.

Brody & Cornwell is a trial law firm with a proven track record of obtaining results in FDCPA matters.

Contact Brody & Cornwell today for a free consultation.

How Does the Fair Debt Collection Practices Act (FDCPA) Protect Me in St. Louis?

The Fair Debt Collection Practices Act (FDCPA) is a federal statute that regulates what a debt collector can and cannot do when it tries to collect on a debt. It prohibits a number of activities that unfortunately occur with some frequency all across the United States, including St. Louis, Missouri. Whether the collection agencies activities are in the form of a letter sent to your home, or a phone call to your cellphone or landline, the FDCPA governs it.

NO UPFRONT FEES REQUIRED. THE COLLECTOR MUST PAY FOR YOUR ATTORNEY FEES.

Examples of the types of things that the FDCPA makes unlawful are:

  • Contacting you at your place of work
  • Contacting your family members
  • Contacting your friends and/or neighbors
  • Making a threat to garnish your wages
  • Making a threat to report the debt to a credit bureau
  • Making a threat to have you imprisoned if you do not pay on the debt
  • Making a threat to have you evicted from your home
  • Making a threat to sue you (when they have no intention of doing so)
  • Assessing additional fees or charges to your debt
  • Saying anything derogatory about you
  • Saying anything threatening or harassing
  • Using harsh or obscene language, foul words, or racial slurs
  • Representing him or herself as an attorney when they are not

This is not by any means a comprehensive list, as there are many other ways in which a collection agency may violate your rights. But if any of the above-mentioned activities are committed, then the collector has violated your consumer rights, and you are entitled to up to $1,000 in compensatory damages. In addition, the law states that you are entitled to recover your reasonable attorney fees for having to bring the claim against the debt collector or collection agency. This means that there will not be any upfront fees when you retain a lawyer to help you out.

There is plenty that can be done against a collector when it violates your rights under the FDCPA.

The affordable St. Louis attorneys at Brody & Cornwell Attorneys at Law have been assisting people with their debt issues for over ten (10) years. We have also pursued collection agencies and debt collectors vigorously for their transgressions over the same period of time. The initial consultation is free of charge. Call today to learn more!