The federal Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive and deceptive actions by third-party debt collectors. However, these agencies do not always adhere to this Act’s regulations.
For this reason, it is a good idea to get in touch with a New York City FDCPA litigation lawyer for help with taking legal action against third-party debt collectors.
The Fair Debt Collection Practices Act does not apply to original creditors, such as a hospital that provided treatment to a consumer or a credit card issuer. Rather, the FDCPA governs the actions of entities that are in the regular business of attempting to collect debts owed (or alleged to be owed) to someone else, or whose principal business is purchasing and collecting on defaulted debts. For example, debt collection agencies and debt buyers are generally subject to the FDCPA.
The FDCPA is a lengthy statute imposing many obligations on debt collectors.
The FDCPA prohibits a wide range of deceptive practices. For example, debt collectors are prohibited from making false or misleading representations to the consumer, such as:
The FDCPA also prohibits unfair practices, even if they are not necessarily deceptive. For example, the following misconduct is barred:
The FDCPA also contains many specific requirements regarding the disclosures that must be provided to consumers, the dispute and verification process, and other procedures. A New York City FDCPA litigation attorney can help improve your understanding of the following requirements:
In addition, the FDCPA explicitly prohibits abusive collection practices. For example, the following abusive collection tactics are unlawful under the FDCPA:
The Fair Debt Collection Practices Act provides a direct remedy for consumers whose rights under the statute have been violated, including the right to pursue statutory damages of up to $1,000 and compensation for actual damages sustained as a result of the debt collector’s actions. The statute also provides for costs and mandatory attorneys’ fees, so a debt collector found to have violated the law will be responsible for paying the plaintiff’s FDCPA litigation lawyer in New York City and any associated legal costs.
Litigating FDCPA claims on behalf of consumers is one of Schlanger Law Group’s core practice areas. Schlanger Law Group LLP regularly pursues FDCPA claims and has achieved outstanding results both on behalf of individuals and in consumer class action litigation. If you have been targeted by a dishonest or overly aggressive debt collector, a New York City FDCPA litigation lawyer can help.
Contact us today to learn more about how we can put our extensive FDCPA experience to work for you.
By: Moshe P.
Client Description: Amazing! I was at one point $84,000 in debt. I had negotiated with all of my creditors and had paid most of them off. However, one credit card was sold to a collection agency, which would not negotiate. Most of the debt was interest since I had defaulted. Then there were fees, etc. They claimed I was served and the got a default judgement against me. There was nothing I could do. They ended up garnishing bank accounts. Thank god that is right when I met Mr. Schlanger. Within weeks the money was returned and the collection agency settled for a fraction of the debt and made a payment plan for me. I'm almost completely paid off at this point. This had been hanging over my head for years. I had totally given up hope. Mr. Schlanger gave me back my hope and dealt with this so kindly and professionally, and got such great results. I wish I had found him years earlier.
Rating: ★★★★★ 5 / 5 stars