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Common Collections Violations

Fight Back Against Common Debt Collections Violations

It is important that you know if persons attempting to collect a debt from you are engaging in practices that constitute debt collection violations under federal and/or California law.

Common Aggressive and Illegal Debt Collection Violations

Some debt collections violations are, unfortunately, so common that many people are not aware that they are illegal. These include:

  • Collectors who call repeatedly and/or at hours that are too early (before 8 a.m.) or too late (after 9 p.m.)
  • Collectors who call you at work
  • Collectors who contact third parties who are not your attorney and are not authorized by you in an attempt to locate you
  • Placing telephone calls to you without properly identifying themselves as bill collectors
  • Using obscene or profane language
  • Threatening violence
  • Threatening you with arrest and prison if you don’t pay
  • Threatening you with property seizure if you don’t pay
  • Behaving violently toward you
  • Claiming to be lawyers when they are not
  • Trying to convince you that they are providing legal documents when they are not
  • Even though you have prohibited further contact in writing, contacting your family members and any co-debtors

Other Familiar Debt Collection Violations

Debt collectors will also use some more sophisticated tactics to try to collect a debt from you. These might include:

Threatening litigation without intent to follow through

While many debt collectors will pursue litigation to collect a debt, they are not allowed to threaten a consumer with litigation if they have no intention of suing you. McFarlin LLP can represent your interests where there is a threat of litigation, real or not.

Illegal student loan collection practices

Harassing debt collection calls and imposing unfair late fees when attempting to collect an outstanding student loan debt are illegal practices. Let your debt attorney know if this is taking place.

Illegal mortgage collection tactics

Debt collectors are not allowed to harass people who owe money on mortgages through aggressive pursuit of payment by phone or imposition of late fees. Furthermore, mortgage servicing companies are held to industry-specific consumer protections required by the Consumer Finance Protection Bureau (CFPC).

Imposing so-called credit or debit card convenience fees contrary to law

Some creditors will charge a convenience fee when you make payments using credit or debit cards. Because they may be imposing these fees contrary to legal restrictions, a McFarlin LLP lawyer can determine whether you may be in a situation where you are being taken advantage of.

You Are Protected From Illegal Debt Collections Practices

Learn more about how to stop these debt collections violations and get your debt settled once and for all. Call McFarlin LLP at 949-544-2640 or contact us online for a free consultation.


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