“Someone called threatening to arrest me for an old payday loan.”
“I’m getting demanding letters from a collection agency/debt buyer. I’m afraid they’ll sue.”
“A bill collector just called my job and asked to speak with my boss.”
Abusive debt collection has been one of the top complaints consumers file with the Federal Trade Commission. In fact, abusive debt collection prompts many consumers to file personal bankruptcies. It is also responsible for marital instability, loss of jobs/job opportunities, and invasions of privacy. In order to help curb abusive debt collection, Congress created the Federal Fair Debt Collections Practices Act, commonly known as the FDCPA, 15 U.S.C. § 1692, to protect consumers.
[one_half]Your rights may have been violated and you might have no idea. If you have been subject to any of the following violations, these collectors could be violating the FDCPA, justifying your case:
Calls before 8:00 a.m. or after 9:00 p.m.
Calls your place of employment if you’ve informed them not to call you at work
Threats to take your wages (threats of wage garnishment is not a violation in all states, but it is Texas)
Calls to a third party (other than spouse, attorney or credit bureau)
Harassing, oppressive or abusive conduct
Threats of violence
Repeated phone calls
Threats to take your home or car
Threats that non-payment will result in your arrest or imprisonment
In any case, as soon as possible, it is wise to keep a record of each conversation with any of the collectors bothering you. Download a copy of our recommended Debt Collection Call Log here.
Texas Consumers: Did You Know….?
Texas consumers: Did you know that third party debt collectors must file a surety bond with the Texas Secretary of State? Click here for a list of bonded debt collectors. Under Texas State laws, third party bill collectors must carry a surety bond. If you are receiving calls, letters or lawsuits from a third party debt collector that failed to file the necessary bond, your right may have been violated.
Texas consumers: Did you know that the Federal Trade Commission has listed abusive debt collection as one of the top ten consumer complaints? Click here to read the FTC list of top ten consumer complaints.
Texas consumers: Did you know that you have rights against abusive bill collectors, even if it is the original creditor? Federal debt collection laws under the FDCPA usually only cover third party collectors. But the Texas Debt Collection Act, commonly known as the TDCA, Texas Finance Code, Chapter 392, provides protections for Texas consumers against harassment and abuse by original creditors, too.
If you have other questions related to debt collection activity, click here to read through frequently asked questions. You may also contact Karni Law Firm, P.C. with your questions. Have the name and/or telephone number of the collection agency with you when you call our office.