The Federal Fair Debt Collection Practices Act (FDCPA) was enacted to stop the use of abusive and deceptive debt collection practices. The FDCPA applies to third party debt collectors; that is, firms collecting debt on behalf of another creditor. The FDCPA sets legal requirements that the debt collection agency must comply with when collecting debt. Unfortunately, many of these companies ignore the law and will violate your rights on a regular basis if you let them. If you believe your rights have been violated please contact us to discuss your situation.
Causing the telephone to ring or engaging a person in a telephone conversation repeatedly, with the intent to annoy, abuse or harass.
Calling consumers at work when the debt collector knows or should know the consumer is not permitted to have such calls.
Contacting neighbors, friends, family members, employers or others not legally responsible for paying the alleged debt.
Using obscene or insulting language intended to abuse the consumer (for example a debt collector cannot insult or swear at you).
Contacting the consumer when it is, or should be known that the consumer is represented by a lawyer.. (An inexpensive letter from an attorney demanding termination of direct contacts is the fastest and most effective way to get the calls stopped. Click HERE to talk with the Johnson Law Firm about sending a no contact letter)
Threatening to take actions that cannot legally be taken or that the debt collector does not intend to take. This commonly includes false threats to file a lawsuit or to garnish Social Security or other exempt funds.
Threatening to file a lawsuit on an old debt that is beyond the Statute of Limitations. Most commonly 5 years on credit card debt in Iowa and possibly as little as 3 years depending on the terms of the cardholder agreement.
Require the debt collector to stop all contact with you immediately. The Johnson Law Firm can and will send a letter to the debt collector informing it that you are represented by an attorney and that all communication with you should stop immediately. If the debt collector calls or otherwise contacts you in any way it is a violation of the law and you may be entitled to up to $1,000 in compensation.
In some cases the Johnson Law Firm may be able to assist you in reducing or completely eliminating your debt.
Recover damages for violation of the Federal Fair Debt Collection Practices Act.
Make the debt collector engaging in unfair debt collection pay your attorney’s fees. If you have an unfair debt collection claim against a debt collector the FDCPA is a fee shifting statute that requires the debt collector to pay your attorney’s fees if you prevail in litigation.
If you feel that your rights have been violated please click HERE to discuss what the Johnson Law Firm may be able to do for you
If a debt collection lawsuit has been filed against you, your rights have been violated, you want collection harassment to stop or if you just want to discuss your situation, the Johnson Law Firm is here to help. Click the above link for a free consultation or call us at (515) 224-7090. You have nothing to lose.