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In short, if the debt collector has done something that was unfair (divulging the details of your debt to a 3rd party), untrue, or harassing (calling multiple times) or abusive (cursing or threatening you), there is a good possibility that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) and may owe you compensation.
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Third-party (not in-house) collection agencies collecting for creditors. Exemptions to the FDCPA guidelines include in-house collection agents who collect their own debt such as a department stores using their own in-house debt collectors. However, California consumer’s are protected from “in-house” debt collector abuse by the California Rosenthal Act.
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Important Note: Do NOT do this with legitimate debt collectors as a tactic to avoid their calls. Avoiding legitimated debt collectors could lead to legal headaches for you. There are other ways to legally protect yourself from legitimate debt collectors that are harassing you if they are violating your consumer rights, including the Fair Debt Collection Practices Act (FDCPA) and Rosenthal Act.
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According to the Fair Debt Collection Practices Act (FDCPA), the following are common types of debt collector harassment that are in violation of the FDCPA:
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Nothing. If a debt collector is found to be in violation of the FDCPA, not only do you qualify to be compensated for your injuries, but the debt collector must also pay your attorney and court costs.
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Debt collectors are allowed to contact your friends and family members, only if they do not have your direct contact information. They are only allowed to attempt to acquire your contact information from your friends and family. They are not allowed to disclose to your them that you owe a debt. If they disclose details of your debt to these 3rd party individuals they are in violation of the federal Fair Debt Collection Practices Act (FDCPA) and you may be entitled to compensation. If this happens, document it and give M&F Law a call for a free consultation.
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If you’ve been receiving harassing phone calls from a debt collector, you’re probably thinking that recording your conversations would be a smart move. If you’re able to let a judge actually listen to the harassment, it’s got to help your case, right?
Maybe-but there are rules you need to follow. Laws are different in other states, but in California, you cannot record someone without informing him that he is being recorded. Once the debt collector knows you are recording the call, he decides what happens next
Make sure that when you notify the collection agent that you are going to record the call, you tell him while you’re recording. You don’t want it to come back to haunt you if the person agrees to being taped, but then later tries to say that you never told him.
If a debt collector leaves a message on your voice-mail, that is fair game. When someone leaves a voice-mail message, it is obviously implied that they are being recorded to deliver a message to you at a later time.
If you are being intimidated and harassed by debt collectors, and you feel that they may be violating the Fair Debt Collection Practices Act, call the Law Office of Paul Mankin at 800-654-9517 today for a free consultation.