Unfair Debt Collection Practices

Protection Against Abusive Debt Collectors

Are you being harassed by debt collectors, and filled with anxiety every time the phone rings for fear of being threatened with false and outrageous claims?  If you are being bullied or mistreated by debt collectors, regardless of whether the debt is legitimate, you have certain rights to protect you from such abuse, which also allow you to sue collectors who engage in such illegal behavior towards you.  Under the federal statute known as the Fair Debt Collection Practices Act (FDCPA), as well as California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA), any person who owes or allegedly owes a consumer debt has the right to be treated with truth, fairness, dignity and respect.  That’s the law.  If you are harassed by a debt collector, you have the right to sue him/her in federal court for statutory damages, actual damages and attorney’s fees.   REYES LAW GROUP, APLC, will assist you in determining whether or not you have been mistreated and will take effective action to help you receive the justice you deserve.

Am I a Victim of Unfair Debt Collection Practices?

Under the FDCPA every consumer has the right to sue a debt collector who engages in illegal behaviors to collect a consumer debt.  Common examples of those behaviors include:

• Harassment – using obscene language, repeated phone calls, calls before 8am or after 9pm or calls at your place of work.
  
• Misrepresenting Identity – impersonating government officials, claiming to be attorneys or claiming to be from a credit bureau.
  
• Making Outrageous/Invalid Threats – threatening jail time as a result of non-payment, unlawful seizure of your property, etc.
  
• Deceptive Behaviors – creating false court documents or illegally using a false name, or making any false or misleading statement.
  
• Contacting Third Parties - contacting your employers, friends, neighbors, and revealing the existence of your debt, in an attempt to embarrass you and coerce you into paying a debt.  

Essentially, any use of violent, threatening or misleading tactics may fall under this category.  Debt collectors cannot coerce you with these illegal tactics into taking action to resolve your debt.  You have a right to be treated respectfully, while receiving accurate information regarding the debt you owe.  The maximum statutory damages awarded in a lawsuit of this nature do not exceed $1,000, in addition to unlimited actual damages, court costs and attorney fees.  Violators will experience additional, harsh consequences through other avenues (insurance rates, government regulation, etc.).

Because you must file a lawsuit within a year of the event, do not delay in contacting REYES LAW GROUP, APLC, to discuss your particular case.  Let us help you protect your rights!