Stop Creditor Harassment

Let’s face it, debt collectors ringing your phone isn’t exactly a picnic. They can be pushy, persistent, and sometimes downright rude. But before you let the stress overwhelm you, take a deep breath! Even when facing debt, you have rights that protect you from unfair tactics.

Quick Summary:

Fair Debt Collection Practices Act (FDCPA):

• The FDCPA shields individuals from abusive debt collection practices.
• It establishes rules limiting when and how debt collectors can contact you, safeguarding you from unfair tactics.
• Applies to personal, family, or household debts such as credit cards and medical bills, excluding business debts or student loans.

What Debt Collectors Can and Can’t Do Under FDCPA:

• Limits on calling times (8 AM to 9 PM) and frequency; workplace contact is restricted if forbidden by employer.
• Permissible information requests include name, address, phone number, and debt amount.
• Debt collectors are prohibited from using abusive language, making threats, or providing false information.
• Harassment, contacting third parties without permission, and unannounced visits are strictly forbidden.

Fair Credit Reporting Act (FCRA):

• FCRA regulates credit reporting agencies (CRAs) like Equifax, Experian, and TransUnion.
• Covers various debts affecting credit, including credit cards, loans, medical bills, and other financial obligations.
• Grants rights to obtain a free annual credit report, dispute errors, and control access to credit information.

FCRA Rights and Protections:

• Free annual credit report access from major CRAs through AnnualCreditReport.com.
• Ability to dispute inaccuracies with CRAs, with a 30-day investigation period.
• Safeguarding against identity theft through security freezes and fraud alerts.
• Limits access to credit reports to authorized entities, protecting privacy.

Fair Communications Collection Practices Act (FCCPA):

• FCCPA restricts call frequency, timing, and communication channels for debt collectors.
• Consumers can request specific communication methods, and social media use is limited without explicit permission.
• Prohibits harassment, misleading statements, and contacting third parties without consent.

Actions Against Violations:

• File complaints with Consumer Financial Protection Bureau (CFPB), credit reporting agencies, Federal Trade Commission (FTC), and Federal Communications Commission (FCC).
• Include detailed information in the complaint, such as violator details, dates and times, and evidence.
• State attorney general’s office complaint filing is an additional option.

Fair Debt Collection Practices Act 

Feeling overwhelmed by debt collectors calling you day and night? Does their language feel threatening or their tactics seem unfair? You’re not alone. Luckily, you have a shield – the Fair Debt Collection Practices Act, or FDCPA.

Think of the FDCPA as a set of rules that protect you from abusive debt collection practices. It basically puts limits on how debt collectors can contact you and what they can say or do. 

What Kind of Debt Does it Cover?

The FDCPA applies to debts you owe for personal, family, or household purposes. This includes things like credit cards, medical bills, and unpaid rent. Business debts or student loans are not covered by the FDCPA.

What Can Debt Collectors Do Under the FDCPA?

Debt collectors can’t just call you anytime, anywhere, and ask for anything. The FDCPA sets clear boundaries on their communication methods and what information they can access. Let’s break it down:

Calling You:

• Time Limits: They can only call you between 8 AM and 9 PM in your time zone, unless you agree otherwise.
• Frequency: There are no specific limits on the number of calls per day, but they must be spaced out reasonably and not become harassing.
• Workplace: They can’t contact you at work if your employer forbids it. Let them know if this applies.

Asking for Information:

• They can ask for your name, address, phone number, and the amount you owe.
• They can’t ask for sensitive information like your Social Security number or bank account details without a good reason.

Sharing Your Information:

• They can share your debt information with other debt collectors working on the same debt.
• They can’t share it with anyone else without your permission, except for credit reporting agencies (but they must follow specific rules).

Dispute the Debt:

• If you think the debt is wrong or you don’t owe it, you have the right to dispute it.
• You must send a written request to the debt collector within 30 days of receiving their first communication.
• They must investigate your dispute and respond to you within a certain timeframe.

What Are Debt Collectors Now Allowed to Do?

Feeling pressured by debt collectors who use harsh language or tactics? The FDCPA sets clear boundaries on what they can and can’t do. Let’s explore what’s off-limits:

No More Mean Words:

• Debt collectors can’t use abusive, obscene, or profane language with you. 
• Threats of violence, arrest, or wage garnishment without a court order are strictly forbidden. 
• False or misleading statements about the debt, your credit score, or legal actions are illegal.

Harassment is a Big No-No:

• Calling you repeatedly, at inconvenient times, or leaving excessive messages is considered harassment. 
• They can’t contact your family, friends, neighbors, or employer to discuss your debt unless you’ve given them permission. 
• Showing up at your home or workplace unannounced to collect debt is illegal. 

Fair Credit Reporting Act (FCRA)

Ever wondered how missed payments or past debts end up on your credit report? That’s where the Fair Credit Reporting Act (FCRA) comes in. Think of it as your guardian of credit information, ensuring accuracy and fairness.

What is the FCRA?

It stands for the Fair Credit Reporting Act. This federal law regulates how credit reporting agencies (CRAs) like Experian, TransUnion, and Equifax collect, manage, and share your credit information.

What Kind of Debt Does it Cover?

The FCRA applies to information related to various debts, including:

• Credit cards: Missed payments or maxed-out balances can impact your credit score.
• Loans: Car loans, student loans, or personal loans all contribute to your credit history.
• Medical bills: Unpaid medical bills might appear on your report, potentially affecting your creditworthiness.
• Other debts: Utility bills, rent payments, and even court judgments can be reported under certain circumstances.

What are My Rights Under the FCRA?

The FCRA is your guardian in the world of credit information, giving you control and protecting your rights. Let’s break down what you can do:

Get Your Credit Report for Free:

Think of your credit report like a report card for your financial habits. You have the right to a free copy from each of the three major credit reporting agencies (Equifax, Experian, and TransUnion) once every 12 months. Just head to AnnualCreditReport.com and request yours!

Catch the Mistakes, Fix Them Fast:

Your report isn’t perfect, and errors happen. If you spot something wrong, like a missed payment that’s already paid, don’t panic! The FCRA lets you dispute the error directly with the credit reporting agency. 

They have 30 days to investigate and respond, and you can provide any documents to support your claim. Remember, the sooner you act, the faster it gets fixed!

Keep It Safe:

Worried about identity theft? The FCRA allows you to place a security freeze on your credit reports, making it much harder for criminals to open new accounts in your name. 

Fraud Alerts

If you suspect identity theft or potential fraud, you can place a fraud alert on your reports. This alerts creditors to be extra cautious when verifying your identity before opening new lines of credit. 

Know Who Can See Your Report:

Your credit report isn’t public information. Only authorized parties like lenders, insurers, and landlords with a valid reason can access it. The FCRA limits who can see your report and for what purpose, protecting your privacy.

If you suspect a violation of the Fair Credit Reporting Act (FCRA), there are several steps you can take to report it and seek a resolution:

Fair Communications Collection Practices Act (FCCPA)

Ever feel bombarded by calls and texts from debt collectors, even outside of normal hours? The Fair Communications Collection Practices Act (FCCPA) is here to help

What are my Rights under the FCCPA?

Say No to Constant Ringing:

The FCCPA limits call frequency and timing. They can’t call you before 8 AM or after 9 PM in your time zone, and the number of calls per day is also restricted (it depends on the situation). 

Choose Your Communication Channel:

Want to receive texts instead of calls? The FCCPA allows you to request specific communication channels. If you prefer emails or even snail mail, you have the right to ask! 

No More Social Media Drama:

Imagine a debt collector sliding into your DMs! Not okay! The FCCPA restricts their use of unexpected channels like social media for debt collection. They can’t contact you there unless you specifically give them permission. 

Third Parties:

Annoyed by debt collectors contacting your family, friends, or employer? The FCCPA says stop! They can’t discuss your debt with third parties without your permission. 

Stop the Harassment:

Feeling pressured or threatened by debt collectors’ language or behavior? The FCCPA prohibits harassment and misleading statements. They can’t use scare tactics or lie about your debt to pressure you. 

What Can I Do About a Violation?

File a complaint with the Consumer Financial Protection Bureau (CFPB):

• The CFPB is the primary federal agency responsible for enforcing the FDCPA, FCRA, and FCCPA. You can file a complaint online at https://www.consumerfinance.gov/complaint/, by phone at (855) 411-CFPB (2372), or by mail.

File a dispute directly with the credit reporting agency:

• The first step should be to directly address the issue with the credit reporting agency (CRA) that reported the inaccurate or outdated information. You can file a dispute online, by mail, or by phone. Each CRA has its own dispute process and contact information.

File a complaint with the Federal Trade Commission (FTC):

• The FTC also has jurisdiction over the FDCPA and FCRA. You can file a complaint online at https://reportfraud.ftc.gov/, by phone at (877) 383-6322, or by mail.
• The FTC can investigate your complaint and educate the debt collector about the FDCPA, but it cannot issue fines or penalties.

File a complaint with the Federal Communications Commission (FCC):

• The FCC is the primary federal agency responsible for enforcing the FCCPA. You can file a complaint online at https://consumercomplaints.fcc.gov/: https://consumercomplaints.fcc.gov/, by phone at (888) 225-5322, or by mail.
• When filing your complaint, be sure to include as much detail as possible, such as:
  • The name and address of the debt collector
  • The date(s) and time(s) of the alleged violation(s)
  • A specific description of the violation(s)
  • Any documentation you have to support your claim (e.g., phone logs, emails, voicemails)

 File a complaint with your state attorney general’s office:

• You can find the Florida state attorney general’s office contact information online or by calling the National Association of Attorneys General at (202) 739-1000.

Consider seeking legal advice:

• If you believe the debt collector’s actions have caused you significant harm, you may want to consider speaking with an attorney. 

Why Do I Need an Orlando Bankruptcy and Debt Defense Attorney?

Life throws curveballs, and sometimes those curves slam right into your finances. When debt starts to feel overwhelming, the idea of tackling it alone might seem tempting. But in the complex world of bankruptcy and debt defense, going it solo can often lead to more stress, worse outcomes, and missed opportunities. 

Here’s why a qualified Orlando bankruptcy and debt defense attorney is your best weapon in the fight for financial stability:

The Dangers of Going Solo:

• Navigating Legal Complexities: Bankruptcy laws and procedures are intricate, with nuances and variations that can easily trip up an unrepresented individual. Missing a deadline, filing incorrectly, or failing to disclose crucial information can derail your entire case.
• Protecting Your Rights: Debt collectors and creditors have their lawyers looking out for their interests. Don’t face them alone! An attorney ensures your rights are protected at every step, preventing unfair treatment or illegal collection tactics.
• Maximizing Your Options: You might not even be aware of all the debt relief options available, from Chapter 7 and Chapter 13 bankruptcy to debt negotiation and loan modification. An experienced attorney explores every avenue to find the solution that best fits your specific situation.
• Negotiating Power: Facing creditors head-on is intimidating. An attorney acts as your fierce advocate, negotiating favorable settlements, restructuring debts, and potentially even stopping wage garnishments or foreclosures.
• Stress Reduction: The emotional toll of debt is immense. Having a skilled professional handle the legal complexities frees you to focus on regaining control of your finances and emotional well-being.

Finding the Right Attorney:

Choosing the right lawyer is crucial. Look for someone who:

• Practices bankruptcy and debt defense: Experience matters! Seek an attorney with a proven track record in your specific area of need.
• Offers a free consultation: This initial meeting allows you to assess their communication style, answer your questions, and gauge their understanding of your situation.
• Works transparently: Fees and costs should be clear and upfront. Don’t hesitate to ask about payment plans or flexible options.
• Has a positive reputation: Check online reviews and ask for referrals from trusted friends or family.
• Communicates effectively: You should feel comfortable asking questions and receiving timely responses.

Call our Orlando Debt Defense and Foreclosure Defense Attorney Now!

Are you struggling with overwhelming debt, unsure of your options, and afraid of making the wrong move? You’re not alone. At Tejes Law, we understand the immense stress and confusion that financial difficulties can cause. That’s why we’re here to offer compassionate guidance and legal solutions tailored to your specific situation.

Here are some of the common debt-related issues we help clients overcome:

• Crushing credit card debt: We explore your options, including Chapter 7 and Chapter 13 bankruptcy, debt negotiation, and other strategies to help you manage or eliminate credit card burdens.
• Foreclosure looming: Facing the loss of your home can be terrifying. We help clients understand their options for stopping foreclosure, negotiating loan modifications, and exploring alternative solutions.
• Wage garnishments and repossessions: Having your wages garnished or property repossessed is a serious matter. We can fight to protect your income and assets and pursue legal remedies if necessary.
• Harassing debt collectors: Dealing with aggressive debt collectors can be overwhelming. We advocate for your rights, ensuring fair treatment and stopping illegal collection practices.

Why Choose Tejes Law?

• Experienced and Client-Focused: Attorney Joshua Tejes has practiced bankruptcy and civil litigation since 2008, successfully representing hundreds of clients. His dedication to personalized attention and clear communication ensures you always feel informed and supported.
• Award-Winning: Attorney Tejes has been recognized for his outstanding service, receiving the Clients’ Choice Award in 2019 and the Top Contributor Award in 2012.
• Compassionate and Understanding: We recognize the emotional toll of debt and treat our clients with empathy and respect. Your situation is unique, and we approach it with the care and understanding you deserve.
• Serving Central Florida: Our firm helps clients across Brevard, Orange, Osceola, Lake, Polk, Seminole, and Volusia counties, making convenient access to legal guidance.

Don’t wait any longer. Take control of your finances and schedule a free consultation with Tejes Law today. We’ll help you understand your options, explore the best course of action, and guide you towards a brighter financial future.