Enforcement of penalties and bringing actions for Regulatory violations by Creditors and Credit Bureaus and others

Explanation

The Fair Debt Collection Practices Act (“FDCPA”) protects debtors from harassment from debt collectors. Similarly, the Fair Collection Reporting Act (“FCRA”) protects consumers against overly aggressive debt collection actions by debt collectors and debt collection agencies. Both the FDCPA and FCRA are federal laws. In addition to these federal laws, depending upon the state in which you live there may be similar state laws that offer protection to the consumer from actions of creditors, debt collectors, credit reporting bureaus and debt collection agencies. When there is a violation of the FDCPA, the FCRA or similar state statutes consumers are eligible to receive statutory penalties, damages and even payment of legal fees. Lawyers working in this area are specialized and most of the time work on a contingency basis.

Failure to adhere to any of the following is a violation of the FDCPA:

Contacting a debtor before 8:00 a.m. or after 9:00 p.m.

Contacting a debtor at work after being advised the debtor cannot take calls at work;

Contacting a debtor after a debtor asked them to stop;

Contacting or speaking to others beside a spouse about debt;

Contacting a debtor you or leaving a message without identifying themselves or why they are calling;

Contacting a debtor to collect an invalid debt;

Threaten a debtor with violence or harm;

Using obscenities, profane or abusive language, or shouting or scream at a debtor;

Calling repeatedly to annoy or harass a debtor;

Misrepresenting themselves as lawyers or being from the government;

Making a false statement about a debt, including the amount owed or who holds the debt; and

Telling a debtor they will be arrested or go to jail if the debtor does not pay the debt.

Threatening to take any legal action against a debtor such as filing a lawsuit, seizing or putting liens against debtor property, or garnishing your wages;

Reporting or providing false credit information; and

Ask a debtor to pay wrong amount.

If you have experienced anything immediately described above within the last year, then you may have a claim under the FDCPA. Working through an RBI Provider, you can take action and turn a negative into a positive.

Failure to adhere to any of the following would be a violation of the FCRA:

Creditors provide inaccurate financial information about you.

Reporting agencies confuse data of consumers with similar information such as common last name; Reporting agencies do not comply with dispute procedures.

A debtor’s credit report is provided for an impermissible purpose. Failing to send you notifications about your credit report or score in violation of the FCRA.

A Reporting agency provides information to an unauthorized person or business.

If you have experienced anything immediately described above within the last year, then you may have a claim under the FCRA. Working through an RBI Provider, you can take action and turn a negative into a positive.

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