Improper Debt Collection Practices

Improper Debt Collection Practices Attorney

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:

  • Mortgage
  • 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.

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