Robert T. Healey, Esq.

Fair Debt Collection Practices Act


Couple Worried About Debt CollectionsWhether you owe a debt or not, you have rights when it comes to how a debt collector contacts you and treats you. While some debt collectors follow the law and communicate with consumers honestly and respectfully, too many engage in activities which are dishonest, mean-spirited and abusive.  In an effort to create a false sense of urgency about the debt, or to create pressure, some debt collectors make false threats regarding garnishment, pending litigation or even of arrest, while others contact family members, neighbors or co-workers in an attempt to embarrass you, while others call constantly or early in the morning or late at night.  These kinds of abusive tactics violate your rights according to  The Fair Debt Collection Practices Act (FDCPA). As a result, you need a St. Louis Consumer Advocate Attorney to protect you.

The FDCPA requires that debt collectors treat you with honesty, dignity and respect, and it expressly prohibits the collection methods described above.  The FDCPA applies to entities and individuals who regularly collect debts on behalf of their clients.  This typically includes collection agencies, debt buyers and some law firms. The original creditor is not subject to the FDCPA.

Debt collectors who violate the FDCPA may be liable to you for compensation. If you believe that any of your debt collectors have violated this law, you may be able to bring a claim to recover money for yourself and have your have your costs and attorney’s fees paid by the other side.

Common Types of Debt Collector Conduct Prohibited by the FDCPA

  • Contacting family members, neighbors and co-workers about your debt without your permission;
  • Making false statements and deceptive threats about your debt such as suggesting that the failure pay the debt could result in you being charged with a crime, or that your wages will be garnished and your bank account will be frozen in the event that you can’t pay the debt;
  • Contacting you after it has knowledge that you are represented by an attorney;
  • Threats of physical harm or violence or the use of profane or racially insensitive language; and
  • Failure to provide required disclosures in both written communications and phone messages.

If you experience these kinds of behavior when dealing with your debt collectors please contact us for a free consultation to further discuss your case.

Contact St. Louis Consumer Advocate Bob Healey today at (314) 401-3261 or info@healeylawllc.com.

 

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We handle many of our cases on a contingency fee basis. We only charge a fee if we are successful in recovering an award for you. Our fees are based on a percentage of any recovery we make for you.

Rules of Court require us to advise that clients may be responsible for costs/expenses. In most cases, however, these are deducted from any recovery at the conclusion of the matter.

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