STOP ABUSIVE DEBT COLLECTORS

The Fair Debt Collection Practices Act (FDCPA) gives you a private right of action. That means that you can sue abusive debt collectors and make them pay you money. Because of the nature of these cases, an FDCPA case is done on a contingent-fee basis whereby attorney’s fees are paid not by the consumer, but ultimately by the abusing debt collector.

FDCPA

The FDCPA is a Federal act passed by Congress and signed into law in 1977 by President Carter. The law is designed to protect consumers from abusive debt collectors, including attorneys, collecting debts for others and sometimes themselves. The FDCPA is a powerful tool which allows consumers to help regulate an industry which has been historically abusive. Although reputable third-party debt collectors endeavor to follow state and Federal debt collection laws, because of the sheer volume of consumer debt, there remain many abuses, some extremely serious and others of a more technical nature. There seems to be no want for bad debt collectors in the industry because, by reverting to the old ways of intimidation and harassment, debt collectors bully consumers into paying debts which consumers would otherwise not pay. The unscrupulous debt collectors unfairly tilt the playing field to their favor, which works contrary to both the consumer and the reputable collection agencies and collection attorneys.

The FDCPA allows the consumer a remedy. By contacting our law firm we will listen to the facts and circumstances of your case and determine whether or not a debt collector has violated the FDCPA.

The FDCPA allows for up to $1,000.00 in statutory damages, together with actual damages, plus attorney’s fees and costs for your claim. Your case may be settled for more than the $1,000.00 (plus actual damages, attorney’s fees, and costs). Although clients must be willing to participate fully in their cases, including trials, most cases conclude with relatively little client involvement. If you believe you have been treated wrongfully by a debt collector, call Patrick L. Hayes at 612-821-4817 or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and he will make the abusive debt collector pay you money.

DEBT COLLECTORS MAY VIOLATE THE FDCPA WHEN THEY DO THE FOLLOWING:

• Leaving abusive voicemails;
• Leaving voicemails without identifying the name of the caller, company and the purpose of the phone call;
• Threatening lawsuits;
• Threatening to garnish your wages;
• Insulting, yelling or using abusive language;
• Calling neighbors, family, friends or your employer;
• Calling you at work when you told them not to call you at work;
• Calling you at a time that they know is inconvenient for you;
• Communicating further with you after you tell the debt collector that you refuse to pay the debt or that you wish the debt collector to stop further collection efforts (except to write one more letter to you);
• Threatening the use of violence against you, your reputation, or your property; and
• Falsely implying that he or she is an attorney, or falsely implying that any communication is from an attorney.

This is only a small list of actions that have violated the FDCPA. The FDCPA prohibits many different activities. Call Patrick L. Hayes at 612-821-4817 or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to find out more.

WHAT SHOULD YOU DO IF YOU ARE GETTING HARASSED BY DEBT COLLECTORS?

You should save any letters or notices that you receive from collection agencies and debt collectors. It is very important that you save any voicemails that you receive from a collection agency or debt collector. Write down the phone number that a debt collector or collection agency is calling from and make sure to take notes regarding the conversation with the debt collector or collection agency. Record your telephone conversations with debt collectors. Most states permit the recording of telephone conversations with debt collectors, including Minnesota. Click here for a list of states that permit recording telephone conversations with one-party consent.

And call Patrick Hayes at 612-821-4817 or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .