Fair Debt Collection Practices Act (FDCPA)

Harassed by Debt Collectors? We Can Help.

Are you getting harassing phone calls about your debts? Are debt collectors making outrageous comments or threatening to put a lien on your house? Do they keep calling after you have asked them to stop? Are they calling your workplace, neighbors and relatives?

You have a right to stop harassment by your creditors’ debt collectors under a law known as the Fair Debt Collection Practices Act (FDCPA). At The Law Offices of Kenneth Hiller, PLLC, we help our clients get relief from harassment and pursue compensation when their rights have been violated. Contact us to set up a free consultation.

Understanding Your Rights Under the FDCPA

In most cases, if you are being harassed about a credit card debt or any other debt, it is often not your actual creditor (the person or company to whom you owe money) who is contacting you. Instead, the harassment most often comes from one of these sources:

  • Debt collection agencies: Companies hired by creditors
  • Debt collection law firms: Attorneys representing creditors
  • Debt buyers: Companies that purchase debts from creditors

All of these entities are covered under the FDCPA. Among the practices that are illegal under the act are disclosing your debt to a third party, such as a relative, co-worker or neighbor, making false threats, contacting you after you have asked to be left alone, calling you after hours, using profane language and misleading you.

If a debt collection entity violates the FDCPA, whether by mail or through texting and cellphone harassment, you are entitled to sue them for money damages. In addition, the debt collector is required to pay your attorneys fees and costs.

Holding Debt Collectors Accountable to the Law

The first thing our firm can do under the Fair Debt Collection Practices Act is stop the harassment. Debt collection entities cannot contact you once they know you are represented by a lawyer, and they are very unlikely to ignore this part of the law.

The second thing we may be able to do is sue the debt collector for damages. You should preserve any evidence you may have — including tape recordings, phone records and letters — so we can prove that you were treated unfairly.

We can represent anyone being harassed by debt collectors, including debtors, family members and people whose phone numbers have ended up in debt collection databases.

Contact us today to discuss your options with an experienced consumer protection attorney. We serve clients in Buffalo New York.