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Debt Collection Harassment
Federal law protects consumers being harassed by debt collectors.The "Fair Debt Collection Practices Act" ("FDCPA" for short) was enacted because of abusive, deceptive, and unfair debt collection practices by debt collectors. The FDCPA provides:
- Consumers (individuals and households) with protection from overbearing debt collectors (attorneys and other collection agents).
- If the alleged debtor/consumer is being harassed by debt collectors in a way that violates the statutes, (such as constant telephone calls, deceptive telephone calls, etc.) the FDCPA allows the alleged debtor/consumer to retain a lawyer to sue sue for up to $1,000.00.
- In addition, the FDCPA allows the harassed debtor/consumer to recover their costs and attorney fees. (Making the harassing debt collector pay your attorney/lawyer fees).
Some Debt collector actions that MAY violate the FDCPA.1. Harassing telephone calls may violate Fair Debt Collection Practice Act. For example:
- It generally violates the FDCPA to call repeatedly (more than 6 times in one day, or call several times every day).
- It generally violates the FDCPA to call before 8:00am and after 9:00pm.
- It generally violates the FDCPA to call at a time you have informed is not convenient (such as 10:00am when you have informed that you work night shift).
- It generally violates the FDCPA to contact you after the debt collector knows you are represented by an attorney (such as a Bankruptcy attorney).
- It generally violates the FDCPA to call your place of employment after debt collector knows your employer prohibits calls (after you tell them not call at work).
- It violates the FDCPA to contact you after you tell the debt collector, in writing, that you are not going to pay debt, or that you want the collector to cease communication.
- It generally violates the FDCPA to use profane language (curse words).
2. Deceptive collection acts violate the Fair Debt Collection Practices Act.
- It generally violates the FDCPA to use false or misleading statements.
- It violates the FDCPA for the debt collector to claim they are acting under government authority.
- It generally violates the FDCPA for the debt collector to call without disclosing they are debt collectors.
- It generally violates the FDCPA for the debt collector to attempt to collect more than is owed.
- It generally violates the FDCPA to use deceptive statements. For example where they assert they are an attorney, when they are not.
- It violates the FDCPA for the debt collector to threaten that the nonpayment will result in imprisonment, garnishment, and attachment.
- It generally violates the FDCPA for the debt collector to repeatedly threaten to file a lawsuit, but never following through. (the threat itself is the deception).
- Any other deception or lie made by the debt collector may violate the FDCPA.
3. Generally it is a violation of the Fair Debt Collection Practices Act, FDCPA, for the debt collector to contact others. (family, friends, neighbors, co-workers, etc.)
- Unless it is the first time the contacted the other person, and the contact was limited to the purpose of collecting location information. (ways to contact you). Even if the debt collector was trying to get location information, it still violates the FDCPA if the debt collectors disclose to the third party that they are trying to collect a debt from you.
- It also generally violates the FDCPA if the debt collector contacts you at work and they have reason to know your employer prohibits the calls. (after you tell them not to call you at work).
4. It is a violation of the Fair Debt Collection Practices Act, FDCPA, to use or threaten criminal acts.
- Threatening physical violence violates the FDCPA.
- Threatening actions the debt collector cannot lawfully do violates the FDCPA. (threatening to sue on time barred actions generally violates the FDCPA)
Debtor Harassment Attorneys.
The lawyers at Schuck Law, LLC are licensed in Oregon and Washington and prosecute claims under the Fair Debt Collection Practices Act (FDCPA) for consumer debtors who are being harassed in Oregon or Washington unlawfully by debt collectors. In addition to the claims for damages under the Fair Debt Collection Practices Act (FDCPA), an Oregon or Washington consumer debtor may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of a lawsuit under the Fair Debt Collection Practices Act (FDCPA). This allows the attorneys at Schuck Law, LLC to take most Fair Debt Collection Practices Act (FDCPA) lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover damages under the Fair Debt Collection Practices Act (FDCPA) for you.
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David is an exceptional attorney. He is talented, trustworthy, hard working and committed to his clients.