When you are contacted by a debt collector about money they claim you owe, it can be an incredibly overwhelming matter. Not only can this place a weight on your shoulders, but when this contact turns into harassment, understanding your rights as a consumer is critical. One right you should familiarize yourself with is the Fair Debt Collection Practices Act (FDCPA), which can help protect against unfair treatment. However, you may wonder if you must file a debt dispute before filing an FDCPA claim. If this reflects your circumstances, keep reading to learn more about these matters and how an Arroyo Grande consumer lawyer can assist you in these matters.
What Is the FDCPA?
The FDCPA is a law that provides regulations on how debt collectors can interact with consumers. Unfortunately, there are a number of instances in which debt collectors have harassed, abused, and deceived those in debt. As such, these laws help ensure that consumers understand their rights in these circumstances.
Typically, the FDCPA only applies to third-party debt collectors, meaning consumers were not protected from harassment from original creditors. However, California has adopted its own version of this law, which extends consumer protections to prevent harassment from the original creditors as well.
Examples of FDCPA violations include, but are not limited to, the following:
- Placing repeated calls in a short period of time
- Calling outside of permissible hours (typically 8 a.m. to 9 p.m.)
- Discussing the status of your debt with anyone other than you or your attorney
- Publishing your name as a debtor
- Misrepresenting the debt owed
- Attempting to collect a debt that has been dismissed by bankruptcy
- Failing to identify themselves as a collector
Do I Need to Dispute a Debt Before an FDCPA Claim?
It is not legally required to dispute the validity of a debt before filing an FDCPA claim against a collector who violates these laws. Various courts have determined that those who wish to pursue these claims against a collector are not required under the FDCPA to dispute the debt. Often, collectors will claim that a debtor who does not dispute the validity of a debt within the granted 30-day period relinquishes their right to file a claim against them. However, there is nothing in the text of the FDCPA laws that states someone must dispute the debt as a prerequisite to filing a claim against a collector who violates the law.
Generally, so long as you can prove that a collector violated the laws in place, you should be able to bring a successful FDCPA claim against the collector.
If you’ve been harassed by a debt collector in California, it’s imperative to understand that you have rights as a consumer. If you believe you are a victim of an FDCPA violation by a debt collector, it’s in your best interest to connect with an experienced attorney as soon as possible. At Loker Law, our dedicated legal team can help you navigate the process of filing a claim against an abusive debt collector. When you need help, our firm is here. Contact us today to learn more.
