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Unfair Debt Collection
Most American consumers have experience with debt. Some may only be behind on a few months worth of credit card bills while others may have missed several mortgage payments. In either case, the consumer may be contacted by a debt collector about the money they owe. Although debt collectors have the right to contact a consumer about their unpaid debts, they are required by law to do so "fairly." Unfortunately, despite it being illegal, some debt collectors resort to unfair, deceptive, and even abusive practices to collect their money from consumers. As a Southern California attorney dedicated to consumer protection, Howard D. Silver is committed to helping his clients put a stop to unfair debt collection practices and will, in some cases, file a civil lawsuit to stop the illegal conduct and recover damages.
FTC Fair Debt Collection Practices Report
The federal agency in charge of enforcing the Fair Debt Collection Practices Act (FDCPA) is the Federal Trade Commission (FTC). The FTC releases an annual report describing the Commission's law enforcement actions, education efforts, and other procedures used to protect consumers from unfair debt collection practices. The report also provides statistics on the number of complaints consumers file against unfair debt collectors. According to the 2011 report, the FTC received 140,036 debt collection complaints in 2010, an increase from the 2009 total of 119,609. The top three unfair debt collections practices included in the complaints were:
- Calling continuously or repeatedly;
- Misrepresenting the amount, status, or character of the debt (including demanding payment exceeding that which is legally permitted); and
- Failing to send a required written notice of the debt and consumer rights.
In addition to the top three unfair debt collection practices identified above, debt collectors may employ a number of other unfair, deceptive, or abusive tactics to collect money from a consumer.
Unfair Collection Practices
The FTC has several different categories of unfair debt collection practices that violate both the federal and California FDCPAs. Aside from the three already mentioned, other unfair practices include:
- Threatening severe consequences if the consumer doesn't pay;
- Failing to identify themselves as a debt collector;
- Revealing that the consumer has debt to third parties;
- Calling the consumer's workplace when such calls are prohibited by an employer;
- Failing to verify disputed debts (and continuing collection efforts); and
- Contacting the consumer even after receiving a notice to cease communication.
Debt Collection and Identity Theft
An identity theft victim likely has numerous debts as the result of fraudulent credit card charges and other crimes. One of the steps an identity theft victim can take to resolve these issues is to submit an Identity Theft Report to the three major credit reporting agencies. Once the report is filed, all debt collection efforts must stop. If a debt collector continues to try and collect debts from an identity theft victim, he or she is in violation of the FDCPA. Additionally, if the credit bureaus refuse to acknowledge a legitimate claim of identity theft, or are otherwise being uncooperative, thus refusing to remove the fraudulent debt, they are also in violation of the FDCPA. In either case, an ID theft victim has the legal right to bring civil action against the credit bureau or creditors under California's Identity Theft Law.
Enforcing the FDCPA
Enforcing the Fair Debt Collection Practices Act is not solely the job of the FTC. Debt collectors continue to deceive and abuse consumers in violation of the law. Complaints to the FTC may not resolve your situation, but retaining the services of a knowledgeable attorney may. If you are the victim of unfair debt collection practices in California, Howard D. Silver can help. Mr. Silver is an aggressive California fair debt collection lawyer who is committed to holding creditors civilly liable for their unfair debt collection tactics. Not only could the court declare that you are not obligated to pay an erroneous claim, but may award damages, attorney fees, and other costs. To find out more about how you can stop unfair and abusive debt collectors and recover damages, call Howard Silver today at (866) 495-3666 for a free consultation about your case.