Harassing Debt Collectors and the FDCPA

Are you being harassed by debt collectors?

Texas consumers are currently facing an onslaught of abusive debt collection practices by debt collection companies. Dealing with debt collectors can be intimidating, not just because they sometimes use intimidation as a tactic, but because you may not fully understand your legal rights in regards to what debt collectors can and cannot do when attempting to collect a debt. Fortunately, both the State of Texas and the federal government have implemented laws that protect consumers in these situations and depending on the circumstances, you may be entitled to compensation.

The Federal Debt Collection Practices Act (FDCPA) is a federal act that protects consumers from abusive debt collection practices and implements standards debt collectors must follow when attempting to collect payment. Debt collectors often commit several consumer law violations either because they are not aware of these laws, or because they simply suspect that you have little to no understanding of your legal rights.

So who qualifies under the Fair Debt Collection Practices Act? The FDCPA will apply when four things are present:

1. You are a consumer under the FDCPA;
2. The debt is a consumer debt (i.e., a personal, household, or family debt);
3. The collector is a debt collector (i.e., someone other than the creditor); and
4. There is a violation of the FDCPA
Typical violations committed by debt collectors include but are not limited to, calling you at unreasonable times of the day, using abusive and harassing language, putting false information on your credit reports, and calling you at work when you have told them not to.

The FDCPA also provides some great remedies for consumers including attorney’s fees and costs of litigation paid for by the defendant debt collector, $1,000 in actual damages if you have no actual damages, and actual damages if you have been harmed by the debt collector.

If you believe you have been subjected to harassment by a debt collector, do not let them take advantage of you. Contact us today as there are time limits that apply and the sooner you contact us, the sooner we may be able to stop the harassing conduct. Contact one of our Debt Collector attorneys at Arguello Law Firm, 281-884-3960 or toll-free 1-800-257-8676