What is an FDCPA violation?

An FDCPA violation is a violation of the Fair Debt Collection Practices Act, a federal law that protects consumers from unfair debt collection practices. The FDCPA applies to debt collectors, defined as companies that regularly collect debts for others. In California, the FDCPA prohibits debt collectors from using abusive, oppressive, or deceptive practices when trying to collect a debt from consumers. Under the FDCPA, debt collectors are not allowed to harass or threaten consumers. They cannot use profane language when communicating with consumers, nor can they contact them repeatedly with the intention to annoy or abuse them. Debt collectors are also not allowed to make false or misleading statements when trying to collect a debt. Other prohibited FDCPA violations include calling consumers before 8am or after 9pm, using unfair or unconscionable means to collect a debt, publishing a consumer’s name on a “bad debt” list, and not providing consumers with written verification of a debt they owe. It is important to remember that all consumers in California have the right to be protected from unfair or illegal debt collection practices. If a consumer believes they have been the victim of an FDCPA violation, they should contact a consumer lawyer who specializes in consumer debt defense law.

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