Cape Coral Consumer Rights Attorney

FDCPA Actions

The Fair Debt Collection Practices Act (FDCPA) is a United States statute that was added in 1978 as Title VIII of the Consumer Credit Protection Act. The purpose of the FDCPA is to put a stop to unfair and abusive collection practices that take place during the collection of consumer debts. This act is also intended to widely promote fair debt collection, and provide the consumer with an avenue for which they can dispute unfair debt collection activities.

Unfortunately, there has been an abundance of evidence of the use of deceptive, abusive and unfair debt collection activities by a number of debt collectors. For this reason, the FDCPA was designed to combat such unscrupulous activities commonly committed by debt collectors and provide legal recourse for the individual debtor when their creditor has violated any of the provisions under the FDCPA.

If you suspect that you have been victimized by creditor harassment, as a Cape Coral consumer rights attorney, I have the knowledge and experience necessary to help you determine if you have legal cause for an FDCPA action against the debt collector. Under the FDCPA, there is an extensive list of abusive and prohibited conduct; below is a short summary of just some of the provisions covered under the act:

• The use or threat of use of violence or other criminal means to cause bodily injury, or damage the debtor's reputation or property.
• The use of obscene or profane language.
• Advertising the sale of the debt in order to coerce payment.
• Continuous and harassing phone calls with the intent to abuse and annoy the debtor.
• Falsely representing the amount of the debt.
• Making false claims that the collector is an attorney.
• Making the false implication that nonpayment of the debt would result in imprisonment, seizure of any property, or garnishment of wages unless such action is lawful and the collector intends to take such action.
• The threat to take legal action when legal action cannot be taken or it isn't intended to be taken.
• Depositing or threatening to deposit a postdated check prior to the date on the check.

Cape Coral Consumer Rights Lawyer

If you have been a victim of dishonest debt collector conduct or behaviors, you may have legal recourse if it can be proven that they violated the FDCPA. Any debt collector who fails to comply with any provision in the FDCPA may be found legally liable and subject to court imposed penalties, as well as any reasonable attorney's fees as determined by the court. As your consumer rights advocate, I can help you ascertain if you have been a victim of creditor harassment or any other violation of the FDCPA. I encourage you to contact my firm right away where we can discuss the details of your case and determine how we should proceed forward from there.

If you were a victim of dishonest or unfair debt collection practices, contact Cape Coral consumer rights lawyer Rex Powell today!