The ABC's of Debt Collection

The Fair Debt Collection Practices Act was designed to protect consumers against debt collection tactics which are harassing, unfair, deceptive or abusive. While the outcome of debt collection cases often depends on the particular facts, there are several basic prohibitions of which consumers (you) should be aware. 

This video produced by the Federal Trade Commission explains some of the debt collection conduct prohibited by the FDCPA as well as what consumers can do to help stop unwanted debt collection. 

Remember, just because you owe a debt, doesn't mean that it's ok to be abused or degraded in any way.  Find help for paying your debt, and call an attorney to stop harassment from debt collectors.  We'll be glad to talk over your situation and see if you have a case.  -Meredith Phillips (205)912-8244

-Blankenship Harrelson, LLP

http://www.ftc.gov/multimedia/video/credit/debt/debt-collection.shtm

One Phone Message is Worth a Thousand Words...or a Million Dollars

We have written blogs about this before, but it never hurts to say it again. When it comes to protecting yourself from abusive debt collectors, saving voice messages on your home or cell phone may be one of the most important steps you take. 

It makes sense when you think about it…a debt collector who is not afraid to abuse consumers is probably not afraid to lie about it later.   It is one thing to simply tell someone that a debt collector called you a name or threatened you, but it is quite another to actually hear the debt collector in the act of these illegal behaviors.   This link is from a news station and reports on a recent story out of Texas where recordings of abusive collection messages played an important role in a plaintiff’s lawsuit against the debt collector.  They won $50,000 in mental anguish and $1.5 million in punitive damages.

If you are being harrassed by debt collectors, save your messages and call an attorney.   -Meredith Phillips (205) 912-8244
-Blankenship Harrelson, LLP

http://www.wfaa.com/news/consumer/Vulgar-voicemails-force-debt-collector-to-pay-15M-95163714.html

Repeat Offenders: Calling over and over

One of the more common complaints against debt collectors concerns repetitive or continuous phone calls. While debt collectors are permitted to call consumers to collect or attempt to collect legitimate debts, debt collectors who repeatedly call in the same hour, same day, or even too many times in a single week may find their conduct deemed harassing and thus in violation of the Fair Debt Collection Practices Act. 

As with many Fair Debt Collection Practices Act violations, the number or pattern of phone calls which rises to the level of harassment will depend on the particular facts of the case. However, if you feel that your life has been consumed by debt collection calls lately, relief may be available. An attorney can help determine whether the calls violate the collection prohibitions and may even be able to help stop the calls.    -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP

Time Limits on Debt Collection Lawsuits

A Statute of Limitations is essentially a deadline which limits the amount of time people have to bring a lawsuit under a particular law. Many, if not all laws have some sort of deadline like this and the Fair Debt Collection Practices Act is no exception.

When it comes to harassing or abusive debt collection, the FDCPA provides that lawsuits to enforce any portion of the Act must be brought within one year from the “date on which the violation occurs.” Depending on the particular facts, caselaw has some different interpretations of which “date” a violation of the FDCPA is said to actually.

However, the important thing to remember is that time is not limited. In order to protect their rights, consumers should be aware that deadlines do exist for bringing actions based on harassing or abusive debt collection, just as they do for many other legal violations. -Meredith Phillips (205) 912-8244

Blankenship Harrelson, LLP

How Can I Make Debt Collection Calls Stop?

The FDCPA protects consumers from abusive, unfair or deceptive debt collection practices and gives consumers a private right of action against debt collectors who violate the Act’s requirements.

So how can a consumer stop these calls? In addition to providing a private right of action to consumers whose rights have been violated by, the FDCPA requires debt collectors to stop all communications under certain circumstances. With a few exceptions, debt collectors must stop communication if a consumer notifies the debt collector in writing that the consumer (1) refuses to pay a debt or (2) wants the debt collector to stop further communication.

After a consumer provides this writing, the debt collector may contact the consumer for only two reasons: to tell the consumer that further collection efforts are stopping and to notify the consumer that the debt collector or creditor may use certain remedies available to them. Any other communications may subject the debt collector to liability under the FDCPA. -Meredith Phillips (205) 912-8244 Blankenship Harrelson, LLP