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Protections Under The Fair Debt Collection Practices Act

Many laws are set in place to protect individuals from the unlawful and harassing actions often displayed by debt collectors. These laws restrict the practices of collection agencies from engaging in aggressive practices that are classified as harassment. The Fair Debt Collection Practices Act (FDCPA) is on your side to put an end to the threats and abusive behaviors of debt collectors.

Once you retain the legal services of a bankruptcy attorney in Buffalo, an automatic stay is placed on all debt collection practices. At Smith and Messina, LLP, we can help you protect your rights and ensure that the debt collection agency is held responsible for its abusive actions.

Restrictions Of Creditors

Creditors are restricted by constraints regarding how they can and cannot interact with debtors to collect payments.

The FDCPA prohibits specific acts when it comes to collecting debts, including:

  • Contacting consumers outside the hours of 8 a.m. and 9 p.m.
  • Communicating with the debtor in any way after receiving written notice to stop
  • Continuous phone calls
  • Misrepresentation or deceit
  • Publishing the consumer’s name or address
  • Threatening arrest or legal action
  • Abusive or profane language

Unlawful Actions Of Debt Collectors

You can be comforted by the regulations set in place by the FDCPA. This act provides consumers with relief from harassing, deceptive, and abusive tactics taken by debt collectors.

Common collection actions that are not permitted include:

  • Disclosing your debt to third parties
  • Using abusive or profane language during communication
  • Reporting or threatening to report false information
  • Calling outside the hours of 8 a.m. and 9 p.m.
  • Contacting you in any manner after a written request to stop has been submitted

If a debt collector or collection agency intentionally violates the FDCPA, they can be sued for damages. Do not allow this type of abuse to damage youar hope or your future. Take legal action today and schedule a case evaluation. We have the resources to provide you with a personalized evaluation of your case and to help you navigate each step of bankruptcy process. Complete our online contact form set up a consultation or call 716-648-1400.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.