We cover all facets of consumer law and represent consumers in lawsuits against collection agencies for violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA).
Fair Debt Collection Practices Act:
In 1977, Congress passed a law called the Fair Debt Collection Practices Act ("FDCPA") with the intent to protect consumer from abusive debt collectors. The FDCPA outlines a set of conditions and rules that all debt collectors must abide by while in the process of attempting to collect a consumer debt. To put it simply, the FDCPA is a ‘rule book’ for collection agencies. Generally speaking, the following types of behavior are unacceptable and can put any debt collector in violation of the FDCPA:
- Disrespectful, condescending or insulting telephone demeanor
- Unfair or unwarranted treatment
- Deceptive or misleading communication
In addition to those above, there are many additional situations where a debt collector could be in potential violation of the FDCPA.
Fair Credit Reporting Act:
The Fair Credit Reporting Act ("FCRA") is a federal law that governs the collection, sharing and subsequent use of consumer credit information. The FCRA was instituted in 1970 and along with the FDCPA, constitutes the backbone of consumer law in the United States. The FCRA keeps record of all consumer credit history and promotes the accuracy and privacy of this information.
The FDCPA and FCRA often coincide with one another when a debt collector is at fault. There are many occasions where a collection agency will wrongfully report the account in question to a credit reporting agency, with the sole intention of your cooperation. In other situations, you may have been denied credit because a collection agency or other creditor is inaccurately reporting information.
If you suspect that there is an error on your credit report, contact our firm today.