The Fair Debt Collection Protections Act (FDCPA) is a Federal law which was enacted in March 1978 that was designed to protect consumers by regulating debt collectors. This includes eliminating deceptive, abusive, and unfair debt collection practices and setting the rules on interactions between debt collectors—such as bill collectors, corporate collections departments, and collections agencies—and those they are seeking payment from.
The FDCPA applies to every state in the U.S. and covers the collection of mortgages, medical debts, credit card debts, and other debts related to personal, family, or household purposes. The FDCPA does not cover business debts and does not generally cover collection being conducted by the original creditor.
Schedule your Consultation Or Call678-395-7795It is important to remember that unless you have notified creditors, in writing, that you wish for them to stop contacting you, they can also contact your parents (if you are a minor), co-debtors, and/or a spouse. Once they are notified in writing of your wishes, then they are only permitted to contact you again to state that there will be no further contact. This letter does not prevent the debt collector from pursuing other legal ways to collect on the debt, however. This may include reporting negative information to credit bureaus or a lawsuit against you.
Schedule your Consultation Or Call678-395-7795Debt collectors are required to state this in their initial contact with you. If they fail to do so, they must provide you with a written notice including this information within five (5) days of the initial contact.
The FDCPA provides consumers with civil remedies if their rights are violated under the act. If a creditor has been harassing you over a debt, you may be entitled to monetary damages up to $1,000.00, as well as your attorney fees and costs. FDCPA violations do not excuse or eliminate the debt, but they may aid in negotiations.
The Fair Credit Reporting Act (FCRA), enacted in 1970, is a Federal law which protects consumers from abusive credit practices while still allowing certain entities such as employers, lenders, landlords, and insurance companies to use credit reports to determine credit risk.
Prior to 1970, consumers did not have the right or ability to know what information was listed on their credit reports. In addition, if a consumer was somehow able to learn that the information on the report was erroneous, there was no way to get that information changed and there were also no limits on how long listings could remain on the report, meaning errors could haunt someone for their life.
The FCRA controls the behavior of consumer reporting agencies (CRA)—also known as credit bureaus such as Equifax, TransUnion, and Experian—and the businesses or individuals that report information to the CRA’s. The CRA will then compile this information into your credit report. The FCRA provides rules about who can access your report, what can be reported, how long it can be reported for, and what CRA’s and/or other information providers are required to do if you dispute the information.
If there is a violation of the FCRA, a consumer has legal rights, including suing in court.
Schedule your Consultation Or Call678-395-7795If there is a violation of the FCRA, a consumer has legal rights, including suing in court.
If there is a violation of the FCRA, a consumer has legal rights, including suing in court.
The Norcross Law Firm specializes in Car Accidents, Federal Consumer Law (Fair Debt Collection Practices Act), and Estate Planning.