Fair Debt Collections Practices Act Missouri Attorney: RKB LAW LLC Protects Debtors
What is the FDCPA and How can RKB LAW LLC Protect you?
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted for the regulation of debt collectors and the protection of consumers. The FDCPA sets rules for interactions between debt collectors and the parties they are seeking a debt from.
The FDCPA prevents debtor collectors from:
- Calling you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable)
- Placing telephone calls to you without identifying themselves as bill collectors
- Making misrepresentations about the amount allegedly owed
- Contacting you at work if your employer prohibits it
- Claiming that you’ll be imprisoned or your property will be seized
- Claiming you owe more than you do
- Claiming to be attorneys if they’re not
- Using obscene or profane language
- Using or threaten to use violence
- Sending you a paper that resembles a legal document
- Adding unauthorized interest, fees, or charges
- Contacting third parties, other than your attorney, credit reporting bureaus, or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your co-debtors
Violations of the FDCPA allow consumers to collect damages from debt collectors who run afoul of the law. At RKB LAW LLC we hold debt collectors accountable for their violations and recover damages on behalf of our clients.
It is important to have an experienced attorney who has handled cases similar to yours to make sure that your rights are protected.
Former collections attorney who knows what to look for in FDCPA cases.
Before transitioning to a Consumer Protect attorney and opening RKB LAW LLC, I unfortunately did collection work. After graduating law school in a tough legal market, I did collection work to pay my bills. This was unsatisfying work, but I learned the ins and outs of the FDCPA. I know the mistakes collection firms make, and what to look for in a collection case to a negative into a positive. In a lot of cases I am able to get my client’s debt forgiven and have them get paid for the debt collector’s errors.
I can stop the collection calls.
Telling the creditor, you do not have the money will not make debt collectors calls stop, but once you tell them to stop contacting you by phone, or that you have an attorney. Under the FDCPA, once a third-party collector knows you are represented by an attorney, their contact with you must cease. RKB LAW LLC understands the FDCPA law can take on all communications with your creditors, so you no longer have to worry about answering your phone.
Request a validation of debt
A lot of times you may be getting called stating that you owe money to a company you have never heard of. Today, there are a lot of purchase debt buyers like: Midland Credit Management, LVNV Funding, UGH I LLC, Oliphant Financial, LLC, Absolute Resolutions Investments LLC, Cherrywood Enterprises, LLC, Velocity Investments, LLC, First Portfolio Ventures I LLC, and Credit Corp Solutions Inc. You can ask the debt collector to validate the debt and provide you the documents to help you understand what debt they may be contacting you about. RKB LAW LLC knows the most important information to request and how it can be used to your benefit.
Enforce Your Rights
The FDCPA provides possible civil remedies for consumers who have had their rights violated under the act. The law allows for a statutory fine of $1,000.00 for a violation of the FDCPA, and requires the debt collectors to pay your attorneys fees. If a violation of your rights has occurred, RKB LAW LLC can either use that violation as leverage when negotiating your debt or alternatively, help you pursue legal recourse for the violation. While an FDCPA violation by your collector does not eliminate your debt, it certainly may be used to help in your negotiations in resolving that debt.
If you would like to learn more about your rights or feel that your rights may have been violated, speak with one of the FDCPA lawyers at RKB LAW LLC.
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