Unfair Debt Collection

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair or harassing practices by debt collectors. Among other things, the FDCPA restricts when and how debt collectors can contact you and prohibits harassing conduct such as repeated phone calls. The law also requires that debt collectors send you a written debt validation letter within five days of its first communication with you.

The debt validation letter must include:

  • The amount owed.
  • The name of the creditor seeking payment.
  • A statement that the debt is assumed valid by the collector unless you dispute it in writing within 30 days of the first contact.
  • A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.
  • A statement that if you request information about the original creditor within 30 days, the collector must provide it.

Letters that don’t contain some or all of this information may violate the law and entitle you to monetary damages. This includes letters encouraging you to call the debt collector instead of disputing the debt in writing or threatening you with “immediate legal action” if you do not pay the debt.

If you received an inadequate debt validation letter or fell victim to other unfair or harassing debt collection practices, call 1.800.714.0360 for a free case evaluation.

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