The Fair Debt Collection Practices Act ("FDCPA") allows you to sue debt collectors for common debt abuse and harassment.

Bring us your debt collection letters for a free review.  Hundreds of Ademi & O’Reilly, LLP clients have brought us debt collection letters and received as much as $1,000.00 because of debt collectors violating federal law.

Debt collectors that use unfair or illegal debt collection tactics can be sued for damages, both actual damages and statutory damages up to $1,000; or in case of a class action lawsuit, up to $500,000 plus reasonable attorney's fees as determined by the court.

Debt collectors regularly collects debts for others, who are creditors.  This includes (1) debt collection agencies, (2) attorneys who regularly collect debts or foreclose mortgages, (3) companies that buy defaulted debts, bad debts, bounced checks, and delinquent mortgages.

PERSONAL DEBTS ARE COVERED BY THE FDCPA

Your personal, family and household debts are covered under the FDCPA.  This includes money owed for the purchase of a home, an automobile for general transportation, medical care, student loans, bounced checks, and non-business credit cards.  Business debts, taxes, and parking tickets are not covered by the FDCPA.

STOP DEBT COLLECTORS FROM CONTACTING YOU!

Write a letter to the debt collector telling them to stop contacting you.  Once the collector receives your letter, it may not contact you again except to state that there will be no further contact or to inform you if the debt collector or the creditor intends to take some specific action.

If you send such a letter, (1) keep a copy, (2) get proof that the debt collector received the letter (e.g., certified mail, fax, Fedex), and (3) keep the receipt.

DEBT COLLECTORS CANNOT HARASS OR DECEIVE YOU

Harassment and abuse

Debt collectors are prohibited from:

1. The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person.

2.  The use of obscene or profane language.

3.  Telling anyone other than a credit bureau or your spouse that you owe the debt. Debt collectors cannot tell your employer, neighbor, credit references, or friends that you owe the debt. A collector may not contact such persons at all unless the collector doesn't know where you are and is trying to locate you, and cannot in any event tell them about the debt.

4.  Calling on the phone repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

5.  Calling you without identifying themselves.

Misrepresentation and deception

Debt collectors are prohibited from:

1. Falsely representing or implying that the debt collector is vouched for, bonded by, or affiliated with the United States or any State.
2. Falsely representing the amount of debt.
3. Adding unauthorized charges to debt.
4. Falsely representating or implying that any individual is an attorney or that any communication is from an attorney.
5. Falsely representating or implying that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take it.
6. Threatening to take any action that cannot legally be taken or that is not intended to be taken. For example, some collectors threaten to report a debtor to the Internal Revenue Service if payment is not forthcoming.
7. Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
8. Falsely representing or implying that documents are legal process.
9. Using a false name.
10. Falsely representing or implying that documents are not legal process forms or do not require action by the consumer.
11. Falsely representing or implying that a debt collector operates or is employed by a credit bureau.
12. Sending you a collection message by post card.
13. Putting any language or symbol, other than the debt collector's address, on any envelope, including the collector’s name, unless it does not indicate that he is in the debt collection business.

DEBT COLLECTORS ARE REQUIRED TO INFORM YOU OF YOUR LEGAL RIGHTS 

Within five days after you are first contacted, the debt collector must inform you of the amount of the debt; the name of the creditor to whom the debt is owed; and details on how to dispute the debt, request verification of the debt, and the original creditor.

DEBT COLLECTORS CAN BE SUED WITHIN ONE YEAR OF THE VIOLATION

You have the right to sue the collector in state or federal court within ONE YEAR of the violation. You may recover up to $1,000 statutory damages, any actual damages, plus attorney’s fees and court costs. Actual damages may include excessive amounts paid, mental distress, and damage to credit. In a class action, the debt collector may be liable for 1% of its net worth or $500,000, whichever is less, plus actual damages and attorneys fees and costs.

PROTECT YOUR RIGHTS

1. Save all of the letters and notices you get from debt collectors. Send them to Ademi & O'Reilly LLP for a free review.

2. Save all voice mails and telephone messages from debt collectors. Rerecord them onto a cassette or at least write down what the debt collector says and the time of the message.

3. Keep a notepad with notes who you have talked with and what they have said. Be sure to ask them to identify themselves, and if they refuse, be sure to write that down.

4. Dispute in writing all inaccurate statements and notices you get from a creditor or debt collector. Send correspondence by means that will generate proof of receipt (fax, certified mail, Fedex, etc.).