What You Need to Know About Federal Credit Laws
If any of the violations below has happened to you we will represent you with NO out of pocket expense to you. In some instances we will even recover penalties for you. (Call for details)
Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
The FDCPA regulates the practices of debt collectors. Debt collectors cannot:
- Call before 8:am or after 9 pm unless you gave them permission to do so;
- Contact you at work if you have asked them not to do so or your employer prohibits such calls;
- Cause your phone to ring extended periods of time or make consistant calls to your phone;
- Threaten you with legal action that is not permitted by law;
- Use obscanities, profane or abusive language, or shout or scream at you;
- Making false statements in effort to collect a debt, misrepressent the amount you owe, falsley claim to be an attorney or use stationary that is designed to look like an officeal court or governmental communication; or
- Threaten you with arrest unless you pay the debt.
Telephone Consumer Protection Act (TCPA)
The TCPA is federal legislation that determines the types of automated calls (or “robocalls”), texts, and faxes that can be sent by companies. Put simply, you can only receive these if you have given written consent. Debt collection agencies are allowed to use robocalls but those that sell you services to reduce your debt are illegal.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act protects you from creditors and debt collectors that report false information on your credit report. A Consumer Rights Attorney will dispute false information on your credit report with no out of pocket cost to you. If the false information is not removed from your credit report, we will sue at no expense to you, because the law requires the creditors and debt collectors to pay your legal fees.
The following are signs that you may want to pursue legal action:
- An information provider has reported inaccurate, incorrect or outdated information to the credit reporting agencies;
- You notified the credit reporting agencies of the inaccurate, incorrect or outdated information and they failed to remove or correct the information supplied.
- The inaccurate, incorrect or outdated information or your credit report is impacting your ability to obtain a job, rent an apartment, obtaining a mortgage, or obtaining good financing terms on a purchase.
Rosenthal Fair Debt Collection Practices Act (RFDCPA)
This is a sister law of the FDCPA that is specific to the state of California. It also penalizes harassment by debt collection agencies. Aside from reiterating the provisions under federal law, the RFDCPA extends these restrictions to include original creditors.
Let Us Help You
Having outstanding debt or late payments is not a license for debt collectors to breathe down your neck. Let our expert attorneys help you fight back. Get in touch with us today for a free review of your case.