The recession of 2008 caused many people to fall into deep debt. When massive job losses and real estate foreclosures hit the economy, debt collectors followed suit.
As the effects of the recession still linger, these debt collectors continue to abuse consumers in order to pressure them into paying their debts. Illegal intimidation tactics have scared many consumers into paying debts they do not even owe. This problem is especially bad in the cases of consumers with defaulted payday loans.
Both state and federal laws prohibit debt collection abuse and provide remedies to victims of collection abuse. Victims may recover compensation for harassment, embarrassment, out of pocket losses and abuse. These statutes also provide for a variety of statutory awards. Successful cases will also include recovery of attorney’s fees.
You may have a debt collection abuse case under the Fair Debt Collection Practices Act if you have experienced the following:
We handle debt collection abuse cases on a case-by-case basis. Our clients do not pay out of pocket for fees and pay nothing unless we recover damages on their behalf.
We also pay referral fees to referring attorneys. Clients should complete our checklist below before reaching out to one of our attorneys.
If a debt collector will not share any information with you about the debt or their company, like their address, their name or the name of the original creditor, be wary. Before you give any information to a debt collector, try to get as much information as you can including their phone number, website or street address. If the collector refuses to give any of this information, contact an attorney immediately.
If debt collectors are harassing your family members, friends or neighbors, they may be in violation of the Fair Debt Collection Practices Act. Debt collectors cannot talk about your debt with anyone else. If this has happened to you, you should contact an attorney immediately.
If a debt collector calls you regarding a debt and you feel like you are being mistreated, the Fair Debt Collection Practices Act may protect you from this abuse. Any threatening, violent or coercive phone calls are considered illegal.
Automated, pre-recorded calls are known as robo-dialing. If someone robo-dials you on your cell phone, you have the right to tell them to stop. If you continue to receive automated calls or text messages to your personal cell phone or landline, you may have a case under the Fair Debt Collection Practices Act or the Telephone Consumer Protection Act.
The first thing you should do is call the court to verify that they called you directly. If you verify that the court did not call you and the debt collector is impersonating a court officer, the Fair Debt Collection Practices Act may protect you.
Threats of arrest are illegal under the Fair Debt Collection Practices Act. If you have been threatened to be arrested by a debt collection company, contact an attorney immediately.
Debt collectors for payday loans are known to employ threatening techniques to collect their debts. These tactics include accusations of a federal crime, check fraud or arrest. Often times, they will call from untraceable numbers or call centers, making it hard to track them down. If you have taken out a payday loan and you are getting abusive phone calls, call an attorney immediately.
Debt collectors will sometimes lie about who they are in order to intimidate you. If the debt collector says they are an investigator or a representative of the court, always ask for identification. If they are unwilling to share this information with you, you should contact an attorney for help right away.
This information is used for us to gauge where you are in the process so we can better help you through the process.