Consumers Allege Debt-Collection Related Harassment and Violation of FDCPA

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The Fair Debt Collection Practices Act (FDCPA) is in focus again. According to online news reports, Brent King and Barbara Hurlbut of California have alleged harassment and violations of the FDCPA on counts of abusive, deceptive, and unfair debt collection practices.

What Is This Case About?

A case was filed by Barbara Hurlbut and Brent King on February 23 this year in the U.S. District Court for the Eastern District of California against the National Principal Group LLC and Does 1-10. The case alleges FDCPA violations that resulted in the plaintiffs suffering humiliation, anxiety, anger, emotional distress, fear, frustration, and embarrassment. According to the complaint, the plaintiffs continue to suffer due to neglect on the part of the defendants. Further, allegations outline details like defendants used abusive and profane language and also employed wrongful means in their attempt to collect the debt.

Compensation Sought

The plaintiffs seek a trial by jury and actual and statutory damages of $1000 per violation as well as recovery of attorney fees and litigation fees.

The Link between Debt-Collection And Harassment

Debt collection is a legitimate activity undertaken to recover dues. However, irresponsible debt collection practices can cause harassment, distress and trauma if not handled well. This is recognized by law and hence, laws like the FDCPA are in place. The FDCPA largely regulates third-party debt collectors who carry out debt collection on behalf of another entity. However, in some cases, the original lender may also be penalized if found to be in violation.

What Is The FDCPA?

The FDCPA safeguards consumer interests in the face of overdue debt collection. This is done through a set of outlines that have been put into place and which can attract a monetary penalty, if found to be violated.

In the case of willful violations, the penalty increases. Here is a list of some of the FDCPA outlines:

Communicating with consumer:

• Debt collectors cannot call the consumer very early in the morning or late at night, which is defined as being between 9 p.m. and 8 a.m. repeated phone calls or calling consistently is also prohibited.
• Debt collectors must identify themselves when contacting the consumer. Misrepresenting their identity is illegal.

Discussing the debt:

• Debt collectors cannot call and leave messages about the overdue debt with friends, family, or coworkers of the consumer. Publicizing the debt in other ways like posting about it on a public forum is also illegal.

Using abusive language:

• Debt collectors are forbidden from using abusive and profane language. They cannot threaten the consumer with legal action either or pose as an officer of the court.
• Forcing the consumer to sell off other assets to pay off an overdue debt is also forbidden.

Communication by the consumer:

• Consumers have the right to ask debt collectors for validation of the debt. Debt collectors must provide them with this information.
• If the consumer puts in a written request to stop all contact, it must be honored.
• If the consumer has provided details of a lawyer or attorney who may be contacted instead, the debt collector must do so instead of continuing to contact the consumer.

Contacting the Professionals

When faced with debt-collection related harassment or suspected legal violations, the best bet for a consumer is to contact a professional FDCPA lawyer or attorney. For consumers, it is important to understand how to communicate with debt collectors to bring an end to the harassment. A professional lawyer can guide a consumer on how to write to the debt collection agency , the importance of preserving a record of the communication, and taking further steps, in case the harassment does not stop.

About Us:

Legal Rights Advocates, PLLC is a law firm that helps clients who are facing debt collection related harassment and are not sure what to do next. Our team of attorneys, over the years, has helped countless clients understand debt collection harassment and take effective steps to put a stop to it.

Call us at (855) 254-7841 for immediate assistance or even if you simply want to learn more about how to go about the process of bringing a stop to debt-collection related harassment and trauma.