Debt Collection Violations
Receiving persistent calls from debt collectors can transform everyday life into a source of constant anxiety and frustration. Many consumers endure harassment, threats, and deceptive tactics from collection agencies attempting to recover debts. What many people don’t realize is that federal legislation provides substantial protections against abusive collection methods, and violators can face significant legal consequences.
Building Your Case Against Collection Agency Violations
When collectors violate your rights, federal law provides remedies including monetary damages and attorney fee recovery. Successfully pursuing these claims requires proper documentation and strategic legal action.
Begin documenting every interaction immediately. Record dates, times, and content of all phone calls. Save voicemails, text messages, emails, and written correspondence. Note the caller’s name and company, though be aware collectors sometimes provide false information.
Request your cease communication rights in writing via certified mail with return receipt. This creates clear evidence of your invocation of rights and starts the clock on any subsequent violations.
Pull your credit reports from all three major bureaus to identify collection accounts and verify accuracy. Errors in reporting collection accounts may provide additional claims under credit reporting statutes.
Consider retaining legal counsel before extensive communication with collectors. Having an attorney represent you triggers additional protections—collectors must then communicate through your lawyer rather than contacting you directly.
Americans are sometimes unable to decipher whether or not they are victims of unfair debt collection practices, and to help you understand your rights, consumer advocates and attorneys are holding debt collectors accountable for their unfair and unlawful practices. You may be a victim of illegal harassment, and may have a viable lawsuit if you experienced the following:
- You are being continually pestered by a debt collector
- A collector is calling multiple times a day or week
- The collector has contacted your employer or family and friends
- The debt collector has threatened you
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot harass, or abuse you or anyone else they contact. If collectors call you at home, they must tell you who they are. By hiring a fair debt collection practices lawyer, you can make it stop, and you can sue for damages for the trouble.
Many victims of unfair debt collection practices are under tremendous stress, often because of a sudden loss of income or medical issues, and The Lyon Firm believes in bringing the perpetrators to justice. As a borrower, you have basic rights, and there are legal steps you can take.
Joe Lyon is an experienced civil litigation attorney investigating cases of unfair debt collection practices nationwide. Plaintiffs may call The Lyon Firm for a free consultation with a fair debt collection practices lawyer.
Understanding the Fair Debt Collection Practices Act
To learn more about the federal Fair Debt Collection Practices Act, contact the Federal Trade Commission, the Consumer Financial Protection Bureau, or an experienced fair debt collection practices lawyer. In short, any debt collector who harasses or threatens you is breaking the law.
The Federal Trade Commission (FTC) has brought cases against Credit Smart and other improper lenders for violating consumers’ privacy rights, and using illegal tactics to pressure people into paying debts.
Some debt collectors threaten violence, use obscene language, threatened to garnish people’s wages and sue them for nonpayment, misrepresent themselves as attorneys or laws enforcement, and tell victims they owe more than they do.
Fair Debt Collection Practices Lawsuits
Contact an attorney if you have experienced the following, which violate the Fair Debt Collection Practices Act (FDCPA):
- Collectors call you before 8am or after 9pm
- Collectors contact you at work after you tell them your employer doesn’t allow you to take calls
- Collectors contact a third party like a friend, employer or family member
- Collectors lie about the amount you owe
- Collectors use deceptive methods to collect a debt from you: threaten to seize your property or your wages
- Collectors give false credit information to someone
No Misrepresentation: The FDCPA states debt collectors cannot use false, deceptive, or misleading practices like using a fake company name. They cannot state they are an attorney or law enforcement officer if they are not. Collectors may also be breaking the law by misrepresenting the debt, and the amount of money owed.
It is important when considering hiring a fair debt collection practices lawyer and filing a harassment lawsuit, to keep careful records of all of your communications with the debt collector in question. Keep a file of letters and documents a debt collector sends you, and record dates and times of conversations along with notes about the conversation. These records can help build evidence and a strong case against an unfair collector.
The Framework Protecting Consumers From Collector Abuse
Congress enacted the Fair Debt Collection Practices Act in 1977 after recognizing that aggressive collection tactics were harming consumers nationwide. This federal statute establishes clear boundaries for how third-party collectors may pursue outstanding debts. The legislation aims to eliminate abusive practices while ensuring collectors can still legitimately pursue valid obligations.
Third-party collection agencies—companies hired to recover debts on behalf of original creditors—must comply with these federal requirements. The rules apply whether collectors are pursuing medical bills, credit card balances, personal loans, or other consumer debts. Understanding these protections empowers you to recognize violations and take appropriate action.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
How Collection Agencies Commonly Violate Consumer Rights
Despite clear legal standards, violations remain widespread throughout the collection industry. Recognizing common violation patterns helps consumers protect themselves.
- Zombie Debt Schemes: Some collectors pursue debts beyond the statute of limitations—the timeframe during which creditors can legally sue for collection. While collectors may still attempt to collect time-barred debts, they cannot threaten lawsuits or misrepresent your legal obligations regarding these accounts.
- Harassment Campaigns: Certain agencies employ high-pressure tactics including dozens of daily calls, contacting family members or employers, or leaving voicemails designed to embarrass consumers. These aggressive campaigns violate multiple provisions protecting consumers from harassment.
- Identity Mix-Ups: Mistaken identity leads collectors to pursue innocent consumers for debts belonging to others. When collectors fail to properly verify account ownership before aggressive collection efforts, they violate validation requirements while damaging consumers’ reputations.
- Deceptive Lawsuit Threats: Some agencies routinely threaten litigation with no intention of actually filing suit. Others threaten legal consequences they cannot legally pursue, such as wage garnishment in states where this remedy isn’t available for the debt type.
Why The Lyon Firm Stands Out in Consumer Rights Cases
The Lyon Firm has built a distinguished record representing consumers against predatory collection agencies. Our attorneys understand the emotional toll of harassment and the financial stress of unjust collection attempts. We combine aggressive advocacy with genuine empathy for what our clients endure.
We conduct thorough investigations of collection agency practices, often uncovering violation patterns affecting numerous consumers. Our litigation experience includes successfully trying cases against major national collection companies and securing substantial settlements for clients.
Our firm handles consumer rights cases on contingency, meaning you pay no attorney fees unless we recover compensation on your behalf. We advance all case costs, removing financial barriers that might otherwise prevent consumers from pursuing valid claims.
The Lyon Firm stays current on evolving consumer protection laws and agency tactics. We leverage this knowledge to build compelling cases that hold violators accountable. Our attorneys take pride in leveling the playing field between individual consumers and large collection operations.
