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Fair Debt Collection Practices Act
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The Fair Debt Collection Practices Act

Putting a Stop to Creditor Harassment in Irvine

Congress enacted the Fair Debt Collection Practices Act (FDCPA) to protect consumers and regulate the behavior of debt collectors. If you are in debt, the law is intended to stop collection agents who pursue you relentlessly and abusively.

At McFarlin LLP, our FDCPA attorneys in Irvine can help you stop abusive debt collectors and even recover compensation for their law-breaking behavior. Individuals and even the Federal Trade Commission itself has received settlements for millions of dollars from collection agencies for their illegal behavior.

If you believe your rights have been violated, call McFarlin LLP today at (949) 570-5025 or contact us online. Consultations are always free.

Consumer Protections Under the FDCPA

Extensive knowledge about your rights is your first line of defense. While our lawyers can help you relate the provisions of the law to your specific circumstances and enforce the law against violators, we recommend familiarizing yourself with the FDCPA as much as possible.

Here are some of the most important protections guaranteed under the FDCPA:

  • You have the right to keep your financial situation private. Creditors subject to the FDCPA are not allowed to disclose your private financial information to just anyone, nor are they permitted to send letters that make it apparent from their outside appearance that the communication is for debt collections purposes. When trying to get a hold of you, the only people they are allowed to talk to are your spouse, your legal guardian, your employer (unless you’ve expressly told them not to), or your attorney. During these communications, they can only say they are trying to locate you. They are not supposed to go beyond this very tight circle, no matter how hard it is to find you.
  • There are limits to when debt collectors are allowed to contact you. Debt collectors who are subject to the FDCPA are prohibited from contacting you before 8 a.m. or after 9 p.m., and they cannot contact you at work if they know or should know this is not allowed.
  • You should never be made to feel threatened. The federal law prohibits creditors from harassing you by threatening physical harm or public humiliation. They cannot confront you using obscene language or behave abusively in any way, through words or actions. Other illegal behaviors include the early cashing of checks that you had post-dated, lying about what you owe or who they are, and falsely threatening you, including threats of legal action they have no intention of pursuing.
  • You have the right and the power to prevent further communication. If you write a letter to the creditor demanding them to discontinue all communications to you, they must stop contacting you immediately. Similarly, if you inform the credit agency that you have hired a legal representative to represent you, they must communicate with your legal team and not you.
  • You have the right to sue credit agencies for damages if they violate the FDCPA. Under federal law, consumers can recover up to $1,000 plus reasonable attorneys’ fees if a creditor is shown to have violated any provisions of the FDCPA. In California, you may be entitled to even more.

How Our FDCPA Violation Attorneys Can Help

If you have any questions about your rights under either the FDCPA or California law, our attorneys at McFarlin LLP can help. In addition, if you believe you have been the victim of creditor harassment or unlawful collections practices, our team can evaluate your case at no charge and, if appropriate, represent you in a case for monetary damages. Finally, because we are licensed California attorneys with experience negotiating debt settlement agreements, we can help you get rid of your debt once and for all.

For a free consultation, call us at (949) 570-5025 or contact us online today.

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