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How an Experienced FDCPA Attorney Can Help You
Congress enacted The Fair Debt Collection Practices Act (FDCPA) to protect consumers and regulate the behavior of debt collectors.
If you are in debt, you may know exactly what the law is intended to stop: collection agents who call day and night and pursue you constantly and relentlessly. You might feel harassed, embarrassed, and fed up. Telling them you don’t have the money to pay does no good.
At McFarlin LLP, our FDCPA attorneys can help you stop these debt collectors and even recover for their law-breaking behavior. And it may help to know that individual consumers are not the only ones up in arms about this. The Federal Trade Commission (FTC) has received settlements for millions of dollars from collection agencies for their illegal behavior.
Consumer debt collection agencies, under the FDCPA, are not allowed to engage in activities that harass or embarrass consumers. While an experienced FDCPA attorney can tell you if your rights have been violated, generally speaking, under the law, debt collectors cannot:
- Call you at unreasonable hours (no calls before 8 a.m. or after 9 p.m.)
- Pretend they are not bill collectors or fail to identify themselves as such
- Contact you at work when your employer doesn’t allow such calls
- Threaten you or use violence against you
- Speak to you using profane or obscene language
- Try to get you to pay more than you owe by adding interest, fees or charges that are not authorized
- Claim you owe more than you actually do
- Impersonate attorneys
- With very limited exceptions, talk to third parties about your debt or make it obvious they are trying to collect a debt by the nature of mail packaging, for example
Turn It Over to an FDCPA Attorney At McFarlin LLP
An FDCPA attorney at McFarlin LLP can be your first line of defense. Under the law, once you tell a third-party collector that you have legal representation, they are never supposed to contact you again. We will take over all interactions with your creditors. This is what we do.
Along with keeping the creditor calls at bay, we can help you pursue possible civil remedies against the credit agencies if your rights under the FDCPA have been violated and we can work to negotiate down your debt. And while initiating or preparing for a case against predator collection agents won’t eliminate your debt, it can be helpful during negotiation. Finally, you may have additional remedies under California law. As Southern California-based attorneys, we are well versed in state law and if and how it impacts your case.
If you have reason to believe your rights have been violated, call a McFarlin LLP FDCPA attorney today at 949-544-2640 or contact us online. Consultations are always free.