When dealing with creditors, consumers are protected by certain federal laws. If creditors violate these laws, they may be subject to legal penalties. Some of the laws protecting consumers include:
Fair Debt Collection Practices Act
The FDCPA is designed to prevent debt collectors from harassing or abusing consumers. Some of the actions prohibited by this law include but are not limited to:
- Calling consumers before 8 a.m. or after 9 p.m.
- Continuing to contact a consumer after he or she has requested no further contact in writing.
- Revealing information about a consumer’s debt to third parties (other than legal representatives).
- Making legal or personal threats against the consumer including the threat to sue when the collector does not have the ability or intent to sue.
- Misrepresenting information or lying about the debt, the creditor’s identity, the creditor’s abilities under the law and/or the creditor’s intentions.
Telephone Consumer Protection Act of 1991
Signed into law by George W. Bush, the TCPA limits the use of automated telephone equipment, such as fax machines, text messages, pre-recorded voice messages and automated dialing equipment. Under this act, solicitors must:
- Avoid calling consumers before 8 a.m. and after 9 p.m.
- Avoid calling consumers listed on the National Do Not Call Registry.
- Honor requests from consumers for no further contact for at least five years.
- Avoid faxing advertisements without the consumer’s consent.
- Avoid making solicitations to residences using automated or pre-recorded voices.
Fair Credit Reporting Act
The FCRA is designed to regulate the collection and use of consumer credit information. Under this act, creditors must:
- Provide accurate information to credit bureaus.
- Investigate disputes within 30 days of notification.
- Inform consumers about negative information reported to credit bureaus.
This law also imposes certain requirements on employers, consumer reporting agencies and other entities that utilize credit information.
Contacting a Lancaster County or Lincoln Consumer Law Attorney
When a creditor, collector, or other entity violates one of these consumer laws, they can be held legally accountable for their actions. If you have been the victim of a violation, if rights have been violated, contact the Law Office of Tregg Lunn to learn more about your options under the law. Attorney Tregg Lunn and he staff at the Law Office of Tregg Lunn can evaluate your case, explain the relevant laws thoroughly and help you choose the best course of action for your situation.
Don’t allow a creditor or abusive collector to get away with breaking the law. If you believe you have been a victim of a violation of the FDCPA, TCPA or FCRA, contact the Law Office of Tregg Lunn today to schedule a free consultation or learn more about our services.