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The Cost of Stopping Creditors:

Since the FDCPA allows for attorney fees to be collected by the debt collector, typically does not charge any fees if you have been harassed by a debt collector and we accept your case.

Fair Debt Case Review

While all states have their own laws regarding debt collectors and the rights of debtors, most of the protections given to people stem from the federal debt collector laws.

The federal debt collection law, known as the Fair Debt Collection Practices Act (FDCPA), outlines the rights of all United States citizens with regard to debt collection practices. Some debt collectors engage in sneaky, manipulative, and abusive debt collection practices, and the purpose of the FDCPA is to do away with these unfair practices.

The FDCPA also provides guidelines about what is and is not fair debt collection, and provides consumers with a way to dispute debts that are not theirs. Under the FDCPA, consumers have the right to require proof from a debt collector that the debt is, indeed, a valid debt.

The Act also spells out guidelines for how debt collectors may operate, including what they can and cannot do to collect on a debt. It also defines the rights of debtors when dealing with debt collectors, and outlines the remedies available for debtors who are victims of debt collectors who violate the FDCPA.

Under the FDCPA, a debt collector is anyone who engages in collecting debts on behalf of an original creditor. Examples of original creditors include credit card companies and banks. Original creditors do not fall under the definition of debt collectors if they are collecting on debts owed specifically to them.

The only type of debt covered by the FDCPA is consumer debt. Examples of consumer debt include credit card debt, home mortgages, utility bills, and car loans. Business debt is not covered under the FDCPA. Debt incurred for business purposes is also not covered under the FDCPA.

The FDCPA outlaws some specific debt collection practices. Examples of these include the following:

  • Calling the borrower before 8am or after 9pm
  • Use of profane language when communicating with the debtor
  • Harassment, oppression, and lying
  • Calling the debtor at work, if the debt collector has been made aware that the employer disapproves of such calls

The debt collector is also prohibited from disclosing the debt to other people such as family, friends, or co-workers.

Other forbidden practices include using false information that attacks the character of the debtor, concealing the debt collector’s identity when talking on the phone, and ignoring a written cease-and-desist request from the debtor.

Like many other states, Georgia law coincides with the Fair Debt Collection Practices Act, making it illegal for a debt collector to violate any of the terms of the FDCPA.

If you have been a victim of a debt collector who has violated any of the terms of the FDCPA or Georgia debt collection laws, you have the option of filing a complaint with the Federal Trade Commission (FTC). The FTC is the federal agency responsible for enforcing the FDCPA. They accept complaints about sleazy debt collectors, and may even take court action on your behalf.

You also have the option of initiating court action against a debt collector if they have violated the FDCPA. If you win, you may be entitled to $1,000 punitive damages in addition to actual damages plus attorney’s fees.