What is the Fair Debt Collection Practices Act ("FDCPA")?

The FDCPA is a piece of Federal legislation that provides protection

to consumers against abusive and unfair debt collection practices.

The FDCPA’s overall goal is to promote fairness and equity by providing

consumers with a step-by-step approach to:

(i) dispute a consumer debt, and

(ii) obtain information regarding a debt to verify its accuracy.

Prior to the FDCPA becoming binding law, debt collectors would use a

wide array of false and misleading tactics in order to pressure a

consumer into paying a debt; even if it was not conclusively proven

that the debt at issue belonging to a specific consumer.

To establish a FDCPA violation, a plaintiff (i.e. suing party) must provide

that (1) the plaintiff is a “consumer”; the debt arises from a transaction

entered into for a personal purpose; (3) the defendant is a debt collector

as defined under the FDCPA; and (4) the defendant violated one of the

provisions of the FDCPA.

Typical conduct which constitutes a violation of the FDCPA includes,

but is not limited to, contacting consumers by telephone before 8:00 a.m.

or after 9:00 p.m. or being intentionally harassing. As early as 1988, the

Ninth Circuit has held that harassment and abuse by the Internal Revenue

Service (“IRS”) in connection to their efforts to collect on an unpaid tax debt is prohibited, demonstrating to consumers that even governmental agencies

are not above the FDCPA.

If you believe that a debt collector has been harassing you or trying to scam you into paying a debt, please do not hesitate to contact our office 1(833) 9-LAW-NOW for a free legal consultation. Even if we cannot assist you, we will endeavor our best to provide the right guidance for you, the consumer, to obtain the debt relief you are entitled to.

Know your rights! Do not let collection agencies take advantage of you!

The Debt Defense Team

www.TheDebtDefense.com