Fair Debt Collection Practices Act

Fair Debt Collection Practices Act Attorney in Portland, Oregon

Most Oregon residents who plan to declare bankruptcy have been subjected to debt collector harassment for at least a year. A significant part of them is not only uninformed of a way to stop most of those debt collectors in their tracks, but also of the possibility of recovering significantly from their troubles.

Consumers in Oregon and Washington have broad protections against unethical collection practices according to the Fair Debt Collection Practices Act (FDCPA). Since its implementation, local Oregon and Washington collectors have reported fewer breaches. 

In Oregon (Portland, Salem, and Medford) and Washington (Vancouver, Seattle, and Tacoma), our trusted Fair Debt Collection Practices Act Attorney is available for you and prepared to take legal action against a debt collector who makes untrue, unfair, disrespectful, or unreasonable attempts to collect a defaulted consumer debt. 

Contact Northwest Debt Defense Law Firm today to put an end to your unruly debt collector’s harassment. 

Why do I need a Fair Collection Practices Act Attorney in Oregon?

Far too frequently, creditors or debt collectors, as well as the lawyers who represent them, commit abusive and unlawful acts, including harassing customers, bringing lawsuits after the statute of limitations has expired, issuing improper threats, billing customers incorrectly, failing to provide necessary notices, misrepresenting goods and services, and committing a number of other FDCPA violations. Therefore, the debt collectors’ actions can have an impact on your career, family, or privacy, or they might make you think about declaring bankruptcy.

Thus, it is for your best interest to hire a reputable Oregon and Washington Fair Debt Collection Practices Act law office to help you prevent these terrible occurrences. 

Contact our Northwest Debt Defense Law Firm lawyer to know more about the actions you can take against your debt collectors.

What is Fair Collection Practices Act?

Consumers are protected from creditor harassment by the Fair Debt Collection Practices Act (FDCPA). This Act gives you rights, and you might be able to get paid for the damage you suffered. You may be entitled to around $1,000 in statutory damages under the FDCPA if a debt collector collects on a delinquent account in a false, unjust, rude, or degrading manner. It is the primary federal law that controls how debt is collected.

The following may be collected under the FDCPA:

• Mortgages
• Credit card
• Medical bills
• Other debts mostly incurred for domestic, familial, or personal usage.

However, company debts are not covered by the FDCPA. Additionally, it typically excludes the collection activity of the original creditor to whom you owe money.

Collection companies, debt purchasers, and attorneys that consistently collect debts as part of their practice are all considered debt collectors under the FDCPA. Additionally, some businesses purchase past-due debts from creditors or other businesses intending to collect them. These companies are also frequently referred to as debt buyers, debt agencies, or debt collecting companies.

Make an appointment with our Oregon and Washington Fair Collection Practices Act lawyer to answer your questions regarding this matter as well as other concerns about debt defense.

Limitations on how debt collectors can communicate when attempting to recover a debt

Time and place

In general, debt collectors are not allowed to call you at an odd hour or location, or when they know it will be inconvenient for you. They are also not allowed to call you before 8 a.m. or 9 p.m. Additionally, a debt collector is prohibited from contacting you at work if they are aware that you are not permitted to receive their correspondence there.

Harassment

Debt collectors are not permitted to harass you or anybody else by phone calls or other forms of communication.

Representation by a lawyer

If a debt collector is aware that you are being represented by an attorney on the debt, they are typically required to stop contacting you and start speaking with the counsel instead. This is only correct if the debt collector has access to the name and phone number of your lawyer. When a debt collector calls when you are being represented by an attorney, let them know which attorney is handling your case and instruct them to get in touch with the attorney instead of you.

Other Illegal Debt Collection Practices

The following actions are also prohibited for debt collectors.

• Publish a list of bad debts that includes your name.
• Threatens to sell your debt to a debt buyer as a means of getting you to pay.
• threatens to file a report about you with a credit bureau unless it genuinely intends to.
• If you instructed it to solely contact your attorney, it will not contact you unless the lawyer doesn’t answer.
• Use a name other than the registered one.
• Give you documents that appear to be court papers but aren’t.
• Act as if there is an emergency and that is why they are trying to reach you.
• Say that unless the contract permits it to do so, it will add fees on the debt.
• Impose a fee on you for communicating with them, similar to a toll call, except that a collector may call you on a cellphone.

Furthermore, if you ask a debt collector to stop contacting you in writing, they are obligated to stop, except:

• Declare that there will be no more communication.
• Inform you that the creditor may pursue particular legal action against you, such as filing a lawsuit.

Speak with our Oregon and Washington Fair Debt Collection Practices Act attorney to know more about the details for this subject. Contact Northwest Debt Defense Law Firm today!

What to do in the event of a Fair Debt Collection Practices Act Violation by a Creditor?

You can do one or both of the following if you believe a debt collector has broken the FDCPA:

File a debt collection lawsuit

The debt collector can be sued in court. A court may award you damages and reasonable lawyers’ expenses if it finds that the creditor violated the Fair Debt Collection Practices Act. You might be entitled to financial compensation, court costs, and other things.

Get in touch with the Consumer Financial Protection Bureau

Additionally, if you have a problem with a debt collector, you can complain to the Consumer Financial Protection Bureau (CFPB). The CFPB will attempt to get you a reply from the collector after you file a complaint, usually within 15 days.

Even if you are unable to demonstrate that the debt collector caused you actual harm, the judge may order them to pay you up to $1,000. Additionally, you may be compensated for your legal bills and court expenses. If you owe a debt, it still exists even if a debt collector violates the FDCPA while attempting to collect it. 

What should I do if I’m sued by a debt collector? 

If a debt collector sues you to collect a debt, you must reply to the case by the deadline listed in the court papers, either personally or through your attorney, to protect your rights.

If you think your creditor violated your rights under the Fair Debt Collection Practices Act, feel free to get in touch with our Oregon and Washington debt defense lawyer at Northwest Debt Defense Law Firm.

Other questions that are often asked

What information regarding the debt is the debt collector required to provide?

Within five days of their initial contact, every collector is required to issue you a formal “validation notice” outlining the amount you owe. The name of your creditor and instructions for what to do if you disagree with the debt’s validity must be included in this notice.

How can I avoid being contacted by my debt collector?

If you decide not to want a debt collector to contact you again after speaking with one, let the collector know in writing so they won’t do so. Create a letter, then duplicate it. Send the original through certified mail and be sure to pay for a “return receipt” so you can prove the collector actually received it.

Two exceptions apply once the creditor receives your letter: first, the collector may call you to acknowledge that there won’t be any more contact. Second, the collector can get in touch with you to let you know either they or the creditor plan to do something particular, like file a complaint. Even while sending such a letter to a creditor does not erase the debt, it should discontinue contact. The debt collector or creditor may still file a lawsuit against you to recover the debt.

Can a debt collector get in touch with a third party about my debt?

If you have legal counsel handling your debt collection matters, the creditor must get in touch with the lawyer rather than you. If you don’t have an attorney, a debt collector may get in touch with others, but just to learn your name, address, and place of employment.

Collectors are typically prohibited from getting in touch with third parties repeatedly. A debt collector typically isn’t allowed to talk about your debt with anyone but you, your spouse, or your attorney, except from getting this location information about you.

If I don’t believe I owe any money, can a creditor still approach me?

The debt collector must stop contacting you if you write to them claiming that you don’t owe any or all of the money or requesting them to provide proof of the debt. After getting the validation notice, you have 30 days to send that letter. However, if a debt collector offers you formal proof of the debt, such as a copy of a bill for the amount you owe, they are permitted to start contacting you again.

Consult with our dependable Fair Debt Collection Practices Act attorney in Oregon and Washington.

Call our Oregon and Washington Fair Debt Collection Practices Act Lawyer Now!

A federal law known as the Fair Debt Collection Practices Act places restrictions on what debt collectors can do while collecting particular kinds of debt. 

Only a few have the opportunity to fight back with the aid of debt defense lawyers since debtors in Washington and Oregon are frequently bullied into rapidly settling their debts by debt collection agencies. Our debt collection defense team at Northwest Debt Defense can assist you in catching the opposition off-guard and achieving the peace you seek in Portland, Salem, and Medford, Oregon, as well as Seattle, Tacoma, and Vancouver, Washington.

Stop unruly debt collection now.  Call us today!