Abusive Debt Collection Is On The Rise
As a Consumer Lawyer helping people deal with abusive debt collectors, I listen to consumers tell me things that shock me. Unsurprisingly in today’s economy, a recent MSN.com popular search expose showed popular searches on the following: “Lawsuits and collectors,” “Fair Debt Collection,” “Fair Debt Collection Lawsuits,” “Things debt collectors can’t do,” “Violating the collection law,” and “Complaints about bill collectors.” Why do you think this is?
No matter how you feel about people not paying their debts, there are proper ways for creditors and debt collectors to collect on unpaid debts; and then there are the illegal ways; that’s right, I said illegal. There are laws that protect consumers from abusive debt collection practices.
The Federal Fair Debt Collections Practices Act provides that debt collectors must treat consumers with fairness, dignity, respect, and honesty. Anything short of those qualities can be a violation of the law; this includes harassment, threats, obscenity, misrepresentation, and other improper behavior. Many states, such as Florida, have additional protections for consumers.
The FDCPA provides a right to sue the abusive debt collectors for violations as a manner of policing the industry. If you are the victim of abusive debt collections, you should contact an attorney practicing in consumer protection as there are time limits to file suit. If a violation has occurred, the FDCPA provides that the debt collector is required to pay your attorney’s fees and costs as well as any actual damages sustained and/or statutory damages up to $1,000.
This Blog was written by Attorney David Fineman, Esq. of The Dellutri Law Group, P.A. Mr. Fineman practices Bankruptcy Law, Fair Credit Reporting Act Law, Fair Debt Collection Practices Act Law and in other areas of Consumer Law.