Improper Debt Collection Practices
Standing up for Consumers Throughout California
The Fair Debt Collection Practices Act (FDCPA) is intended to prevent abusive debt collection practices and provide consumers with a method for disputing or determining the accuracy of a debt. Debt collectors will often attempt to collect debts that have already been paid or discharged through bankruptcy. If the communications from a debt collector become harassing or threatening, you can file a claim for improper debt collection practices.
Improper debt collection practices include the following:
- Trying to collect a debt that was paid or discharged
- Trying to collect from an individual that does not owe the debt
- Harassing communications
- Threatening to take illegal action
- Making false statements or misrepresentations
- Failing to disclose information about the debt or verify the debt
- Improperly sharing information
FAQ: Debt Collection
Question #1: What kind of debts are covered under the FDCPA?
A: The following debts are covered under the FDCPA:
- Student loans
- Medical bills
- Auto loans
- Credit card debt
Question #2: Can debt collectors contact me at any time or any place?
A: Under the FDCPA, debt collectors can’t contact you at inconvenient times or places. Debt collectors can’t contact you before 8 a.m. or after 9 p.m. and also can’t contact you at work if you tell them you can’t receive calls while you are there.
Question #3: What information do debt collectors have to tell me about the debt they are pursuing?
A: Debt collectors have to send you a written “validation notice” within five days of first contacting you. The notice must tell you:
- The total amount of money you owe
- The name of the creditor pursuing the debt
- Steps to take if the debt doesn’t belong to you
If you believe you have been subject to improper debt collection practices, please reach out to Cohelan Khoury & Singer by calling (800) 724-4157, or contact us online. Schedule your free consultation today with one of our attorneys to discuss your rights.