It is important to note that debt collectors are infamous for their threatening and very harsh methods of collecting what they think they are owed. Debt collectors make more complaints to the FTC than any other company. It is unfortunate that many consumers are unaware of the fact that federal and state laws regulate debt collectors’ interactions with you via statutes like the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act. Even fewer consumers acknowledge that these statutes allow them to hold debt collectors accountable for their unfair debt collection practices at no cost to themselves. Luckily, if you are being bullied by a debt collector, our California debt collection harassment lawyer is ready to defend you. Our firm will take whatever steps are needed to end the harassment and keep debt collectors accountable for their criminal actions. Contact Loker Law, APC today to get started. Here are some questions you may have:
What are the goals of the debt collection statutes that were enacted?
It is important to acknowledge that because there has been a strong record of debt collection harassment, Congress has in response enacted the Fair Debt Collection Practices Act. This act became effective in March 1978 and was created to eradicate abusive, deceptive, and unfair debt collection practices. It also covers reputable debt collectors from unfair competition and encourages consistent state action to protect consumers from misuse in debt collection. This act aims to communicate:
(a) Abusive practices. There is ample evidence of the use of abusive, deceptive, and unfair debt collection methods by many debt collectors. Abusive debt collection methods contribute to the number of personal bankruptcies, marital instability, the loss of jobs, and invasions of individual privacy.
(b) Inadequacy of laws. Existing laws and procedures for disciplining these damages are inadequate to protect consumers.
(c) Available non-abusive collection methods. Methods in addition to misrepresentation or other abusive debt collection practices are open for the effective collection of debts.
(d) Interstate commerce. Abusive debt collection practices are held to a substantial degree in interstate commerce and via means and instrumentalities of commerce. Even in severe debt collection practices that are purely intrastate in character, they still instantly affect interstate commerce.
(e) Purposes. This title plans to stop abusive debt collection practices by debt collectors, to make sure that those debt collectors who withhold from using abusive debt collection practices are not competitively at a detriment, and to encourage even State action to guard consumers against debt collection abuses.
With these plans in sight, the many statutes governing unfair debt collection practices aim to supply consumers with a means to end abusive collection efforts. If you have questions or concerns, give our legal team a call today.