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FDCPA - Rules for Debt Collection

California Attorneys Protecting You From Bill Collectors’ Unfair  Practices

The Fair Debt Collection Practices Act (FDCPA) is a federal law requiring 3rd party debt collectors to use fair and honest tactics in their attempt to collect debts. Under the FDCPA, collectors cannot do certain activities - use abusive language, threaten you, claim to be an attorney, or call at unreasonable hours. If a debt collector has violated the FDCPA, you can file a lawsuit seeking damages and the payment of attorney fees.

At the Los Angeles law office of attorney Robert L. Starr, our focus is consumer rights. We have helped people resolve legal issues involving real estate, automobiles, and fraudulent business practices.

The Rules for Debt Collectors Under the FDCPA

Under the rules, debt collectors are required to treat you fairly and with respect. The FDCPA covers collections efforts for consumer debt such as credit card debt, department stores purchase plans, medical bills, first and second mortgages and debts associated with the purchase of automobiles. It is a Federal law that  does not apply to business debts, and is mostly associated with third party debt collectors, such as bill collecting agencies. However, if you are being harassed by the billing or collections department of a company you directly owe money, you may have some protections under California state law.

By regulation, debt collectors:

• Cannot call you before 8:00 am or after 9:00 pm in your time zone
• Cannot contact you at work, if you or your employer prohibits it
• Must stop contacting you if you write a letter telling them to stop (cease letter)
• Cannot contact you if you have hired a lawyer to represent you
• Must tell you what debt they are collecting on, and the amount to be collected
• May not use threats of violence, loss of employment, or loss of security

Typical Violations of the FDCPA and Unfair Collection Practices

• Threatening legal action that they has no intention of pursuing, such as a lawsuit
• Giving a false impression of the company or person calling
• Publicizing the debt by using derogatory writing on the outside of mailed materials

Additionally, debt collectors must treat you with respect and they cannot harass or abuse you. They must not use profanity, call you derogatory names, or use racial slurs. Debt collectors must disclose their identity and state that they are collecting debt, and it must be done in a professional manner.

If a debt collector has violated the FDCPA, you can receive actual damages plus a statutory penalty of up to $1,000.00 per violation committed.  If you win your claim, the collector pays the attorney fees and court costs. If your claim is not settled, you pay nothing.

Contact Us for a Free Consultation

If you have questions regarding debt collector practices contact our law office. We can discuss what has happened and determine if you have a case against a bill collector. Our office is located off the 101 freeway and open weekdays from 9 am until 6 pm; evening and weekend meetings can be arranged upon request. To contact an experienced Los Angeles consumer rights attorney, send our office an E-Mail or call 818.224.7691 or 888.366.4080.

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