What rights do I have under the Fair Debt Collection Practices Act?
Under the Fair Debt Collection Practices Act (FDCPA), you have the right to be free from harassment, abuse, or misleading conduct by a debt collector. This law applies to debt collectors who are attempting to collect a debt from you, as well as those who have already successfully collected a debt from you. The FDCPA protects you from debt collectors who: • Contact you without your permission • Call or write you at unreasonable times, such as before 8 a.m. or after 9 p.m. • Use obscene or profane language when communicating with you • Make false statements about the debt owed, such as lying about the amount owed • Threaten to take legal action against you that they cannot legally take • Ignore your request to cease communication, also known as “cease communication” In addition to protecting you from harassment and other forms of abuse, the FDCPA also grants you certain rights when it comes to dealing with debt collectors. You have the right to dispute a debt within 30 days of initial contact, and the debt collector must cease collection activities until they can provide you with proof of the debt. Furthermore, the FDCPA also grants you the right to receive a written notification of the debt, detailing the amount owed and the name of the creditor. If you believe that a debt collector has violated the FDCPA, you have the right to seek legal recourse and to receive up to $1,000 in damages, plus attorney fees.
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