- 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.