Five Things to Know About Your Rights Under the FDCPA

Debtors in Illinois have a variety of rights under the Fair Debt Collection Practices Act (FDCPA) whether they are considering a bankruptcy filing or are taking steps to get debt under control without filing for bankruptcy. The FDCPA also provides protections to debtors who have filed for bankruptcy in the past. Our Oak Park consumer protection lawyers want to provide you with more information about your rights as a debtor and the protections that are available to you under federal law. The following are five things you should know about your rights under the FDCPA.

1. Debt Collectors Cannot Contact You at Inconvenient Times and Places

The Fair Debt Collection Practices Act prohibits creditors and debt collectors from calling you at inconvenient times, such as before 8:00 a.m. or after 9:00 p.m. In addition, the FDCPA prohibits debt collectors from calling you at your place of employment as soon as you ask that you not be contacted at the place you work. If a debt collector contacts you at one of these inconvenient times or places, you could be eligible to take action.

2. Debt Collectors Cannot Contact Third Parties About Your Debt

Did you hear from a parent or a sibling about a call they received from a debt collector about debt you owe? Or did a family member or acquaintance or co-worker receive a call from a debt collection company asking about your contact information in order to recover a debt you owe? The FDCPA prohibits debt collectors from informing third parties about your debt, including family members.

3. Debt Collectors Cannot Harass or Threaten You

One of the major protections of the FDCPA for debtors is that it prohibits debt collectors from using harassing or threatening or otherwise abusive language in attempting to collect your debt.

4. Debt Collectors Cannot Lie to You

You should know that debt collectors must be honest when they contact you about the debt you owe. Indeed, the FDCPA prohibits debt collectors from lying to consumers in order to collect debt, including telling lies about the amount of debt you owe or lying about who they are in order to collect the debt. A debt collector must properly identify themselves and provide accurate information.

5. Debt Collectors Cannot Have You Arrested and Cannot Threaten to Do So

A debt collector cannot have you arrested because you owe consumer debt, and you cannot face criminal charges because you owe consumer debt. Since debt collectors cannot lie under the FDCPA in order to collect debts, the FDCPA accordingly prohibits debt collectors from telling you that you can be arrested or from threatening to have you arrested if you do not make a payment.

Contact an Oak Park Consumer Protection Lawyer Today for Assistance

Do you have questions about your rights under the FDCPA, or do you need assistance with a claim? Or do you have inquiries or concerns about consumer debt and bankruptcy, including rights and protections you have if you do decide to file for Chapter 7 or Chapter 13 bankruptcy? An experienced Oak Park consumer protection attorney at our firm can speak with you today about your circumstances and can answer your questions. Contact the Emerson Law Firm for more information.


See Related Blog Posts:

What to Know About Student Loan Companies Trying to Collect Discharged Debt

Consumers Who Own Small Businesses and Want to File for Bankruptcy

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