Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act or FDCPA regulates companies in the business of collecting debts from consumers. The FDCPA prohibits all forms of threats, harassment, deception, lies and unfair practices in collecting debts. You may be entitled to $1000.00 for each violation plus any actual damages. If you believe your have received a letter or answering machine message that violates the FDCPA, please contact us and send us copies of any collection letters you receive for our review. We offer a free confidential consultation with an experienced lawyer. Typical violations include the following:

  1. Contacting neighbors and employers when unnecessary to locate debtor. This is an increasingly common and illegal practice
  2. Changing the default date used to compute the seven-year period a bad debt can remain on your credit report. (A collection agency or bad debt purchaser is required to use the same date as the original creditor. Often, they use a newer date, which allows the entry to remain on your credit report longer.)
  3. Adding unauthorized collection charges
  4. Threatening to report a debtor to the Internal Revenue Service or immigration if payment is not forthcoming
  5. Threatening criminal prosecution (mainly on dishonored checks)
  6. Initial demand letters which insist on payment within less than 30 days or don't clearly state the exact amount of the debt or suggest that the debt is increasing and that payment of some unspecified increased amount is required
  7. Sending large numbers of letters purporting to come from attorneys or collection agencies when that is not the case.
  8. Demands for attorney's fees prior to suit when contracts provide for fees only if suit is filed.

Please e-mail or call us at 941.952.5242 to schedule an appointment for more information.