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What is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment and abusive collection tactics. The FDCPA applies to collection efforts that are employed by persons or agencies other than the original creditor "who regularly collect debts owed to others." Original creditors are not required to abide by the provisions set forth in the FDCPA.

 

Understanding the Fair Debt Collection Practices Act and letting creditors know that you understand your rights is often one of the most effective ways of dealing with collectors and theirs threats.

Below are some of the most common FDCPA violation examples:

 

  • Contacting a debtor who is represented by an attorney

  • Failing to warn a debtor that the communication is from a debt collector and that any information will be used to collect a debt

  • Failing to warn on all subsequent communications that they are from a debt collector

  • Calling the debtor an unreasonable number of times daily or after the collector has been instructed to stop calling

  • Calling before 8:00am (local time) or after 9:00pm (local time)

  • Using profane, foul or obscene language

  • Making racial, religious or sexual slurs

  • Engaging in name calling or attempting to shame the debtor

  • Falsely threatening a lawsuit

  • Falsely threatening to ruin a debtor's credit

  • Threatening criminal charges, prosecution or jail

  • Pretending the collector is calling from a government agency, police department or court

  • Pretending the collector is is an attorney or calling from a law firm

  • Falsely threatening wage garnishment

  • Contacting the debtor's employer and discussing the debt with a supervisor or co-worker

  • Leaving artificial or pre-recorded messages on the cell phone of the debtor or another person

  • Contacting a debtor's family member, friend or neighbor to discuss or disclose the debt

  • Misrepresenting the amount of the debt owed

  • Attempting to collect on a time-barred debt without informing the debtor that the debt is past statute of limitations

Debt Collection Harassment is Against the Law!

Call Us!

503-505-0411

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Receive up to $1,000.00 for Statutory Damages or More for Actual Damages

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We are an Oregon consumer rights law firm dedicated to the protection of consumers against abusive and illegal collection practices by debt collectors. If you have been subjected to collection harassment, calls to the work place or other abuse, call us or email our FDCPA Attorney Jacob Braunstein at

jacob@braunsteinlaw.com

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