If you or someone you know has been subjected to an overly-aggressive and abusive debt collector, federal and state laws protect your rights and may entitle you to compensation. These laws limit what abusive and unfair debt collectors can do, but they also enumerate certain rights to stop debt collection harassment.
How can the Fair Debt Collection Practices Act protect my rights?
The Fair Debt Collection Practices Act (FDCPA) is an act setting up laws designed to stop debt collectors from using any abusive, disruptive, and deceptive debt collection practices against you to collect an outstanding debt. The FDCPA places limitations on when and how many times debt collectors can call, what they can and cannot say to you, and how they may pursue a debt against you. The FDCPA also provides protections to consumers, including allowing you to require debt collectors to valid any debt against you or have your attorneys’ fees paid for by the debtor in a lawsuit in you are successful.
What is the Fair Credit Reporting Act and how can it protect me?
The Fair Credit Reporting Act (FCRA) is another federal act which regulates how consumer reporting agencies can collect, use, and disseminate your information. It is particularly designed to restrict who has access to your sensitive credit information and ultimately how that sensitive information can be used. The FCRA also allows you to report inaccuracies and get that information corrected or deleted.
What does the Fair Credit Billing Act do and why is it important?
The Fair Credit Billing Act (FCBA) is actually an amendment to the Truth in Lending Act. It is designed to protect consumers from unfair billing practices and provides ways for consumers to correct errors in the billing of credit accounts, such as credit cards. It also regulates the conduct of creditors by setting forth timetables for issuing billing statements, handling delinquent payments, and prohibiting bank conduct from using your money deposited there to satisfy delinquent credit payment.
Do the laws differ from state to state in the United States?
The FDCPA, FCRA, and FCBA are all federal laws which apply throughout the United States. Most states have also enacted their own consumer rights and protection laws. States which have their own debt collection laws include the following: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and Washington D.C. You can find convenient links to each state’s applicable laws by visiting our page available here.
