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Did You Know?

Creditor Harassment Lawsuits

  • If you are in collections, you are probably being harassed
  • That you are entitled to damages awards from the creditors
  • The creditors will pay your legal fees
  • That student loan creditors are often the biggest offender of harassment laws
  • Any threats that they will file a lawsuit, garnish your salary, freeze your bank accounts, etc are harassment
  • Excessive phone calls are harassment

In this current economic climate, the creditors are using predatory and deceptive collection tactics.  Consumer protection laws are federal, state and local laws that were enacted to protect fair competition and prevent companies that engage in fraud or use unfair practices from gaining an advantage in the marketplace or take advantage of consumers without the means to protect themselves. Many individual states have consumer protection laws that are enforceable on top of the federal laws that are in place. Federal laws in place to protect consumers include the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act and the Fair Credit Billing Act.  You should use the laws to protect your rights, which include:

  • Cannot call multiple times per day
  • Cannot call you before 8:00 am or after 9:00pm
  • Cannot harass your employer, they can only call to confirm your employment
  • Cannot call family members or friends
  • Cannot misrepresent who they work for
  • Cannot leave a message on an answering machine without identifying themselves
  • Cannot send letters threatening that they will garnish salary, file a lawsuit or freeze bank accounts

These violations fall under the FDCPA (Fair Debt Collections Practices Act) and allow us to sue them for damages in federal court while they will have to pay your legal fees. For more information, contact us today.