' FDCPA - Law Offices of Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

An Introduction to the Federal Fair Debt Collection Practices Act

If you know someone who’s struggled with debt, you may be familiar with stories of rude or offensive debt-collector behavior. Many consumers are not aware of it, there are legal limits on what creditors can do to collect payment. Knowing the basics about your rights during the debt-collection process is imperative to avoid creditor harassment.

Federal Protection

The Fair Debt Collection Practices Act, known as the FDCPA, is a federal law that bars debt collectors from taking certain actions to secure payments from consumers.

A debt collector restricted by the FDCPA is someone in the regular practice of collecting money owed to others. For example, collection agencies, certain lawyers and firms that purchase unpaid debts are all subject to the provisions of the FDCPA. The FDCPA applies to most types of consumer debts. “Personal, family, and household debts” like mortgages, car loans, medical bills, or credit-card balances are all covered. The FDCPA does not apply to business debts, however.

Within five days of contacting you, a debt collector is required under the FDCPA to provide written notice. The notice will contain:

  • the amount you owe
  • the name of the creditor
  • instructions detailing the proper procedure for disputing the debt

If you wish to dispute the debt and do so in writing within 30 days, the debt collector must cease collection efforts until it can provide you with written verification of the debt.

In addition to informational requirements, the FDCPA prohibits a number of behaviors that could amount to creditor harassment . For instance, a debt collector cannot call repeatedly or before 8 a.m. or after 9 p.m., threaten action the collector does not intend to take, use offensive language, make any false statement or commence with collection efforts after you have made a written cease-communication request.

Take Action

Although the FDCPA provides broad protections, remember that creditors can take legal actions to force payments of underlying debts. Assets with liens on them may be seized, or bank accounts or wages could be garnished.

If you are facing debt-collection efforts, contact an attorney today to explore your options. Once you are represented by a lawyer, debt collectors are only allowed to contact you through your attorney. Furthermore, your legal representative can sue for creditor harassment if you have been treated unfairly in the collection process and may be able to collect monetary damages.

Remember, it is always better to address debt problems early on. Your attorney can help you find the best solutions for your individual circumstances.

Video Testimonials

Tampa Bankruptcy Law Blog

How Often are Bankruptcies Denied?

Bankruptcy offers a lifeline for people drowning in debt. It provides a chance to start anew and regain financial stability....
Read More

How Much Debt Should I Have Before Considering Bankruptcy?

Dealing with overwhelming debt and financial hardship is difficult. The prospect of bankruptcy may offer a path toward relief, as...
Read More

How Long Does Chapter 7 Bankruptcy Take to Discharge?

Chapter 7 bankruptcy offers a fresh start and a path toward financial stability for people struggling with debt. But when...
Read More

Does Business Bankruptcy Affect Personal Credit?

Does Business Bankruptcy Affect Personal Credit? For entrepreneurs and business owners facing financial challenges, the prospect of business bankruptcy can...
Read More

Can I Get an Apartment After Filing for Bankruptcy?

Filing for bankruptcy often feels challenging and overwhelming. It also raises a variety of concerns. One of the most common...
Read More

Are SBA Loans Dischargeable in Bankruptcy?

Navigating the complexities of Small Business Administration (SBA) loans and bankruptcy can be a daunting task for many business owners....
Read More

How to Get Bankruptcy Off of Your Credit Report

Rebuilding financial health after bankruptcy is challenging, but that doesn’t mean filing is worth the effort. One common concern for...
Read More

What Happens When You File for Bankruptcy?

Contemplating bankruptcy is a significant decision that comes with many questions. If you're considering filing for bankruptcy, it's essential to...
Read More

Can I File for Bankruptcy If I Have a Job?

Many people considering bankruptcy are unemployed or know that unemployment is imminent. However, this isn’t always the case. In some...
Read More

Can Bankruptcy Stop Foreclosure?

Many people face the distressing prospect of foreclosure on their homes. If you find yourself in this situation, it's crucial...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions