The FDCPA (or also known as the Fair Debt Collection Practices Act) and the California Rosenthal Act was enacted to eliminate abusive practices by unscrupulous creditors in the collection of consumer debts. Debt collects MUST abide by the FDCPA guidelines and consumers have rights within the FDCPA that are being violated even now as we speak.

Some of the actions prohibited under the FDCPA include and are not limited to:

1. Communication with consumer who is known to be represented by an attorney
2. Contacting the consumer outside the hours of 8AM – 9PM
3. Causing a telephone to ring or engage any person in telephone conversation repeatedly or continuously with the intent to annoy
4. Misrepresentation or using deceit to collect the debt
5. Using profanity or obscene language

Does any of this sound familiar to you? I’m sure the answer is a resounding “YES”. We weren’t able to guess the correct answer because we are mind readers. We know because statistically speaking, the chances are very high that your rights as a consumer have been violated.

Furthermore, did you know that the FDCPA requires debt collectors to:

1. Give the name and address of the original creditor
2. Provide verification of the debt
3. Identify themselves and notify the consumer that the communication is from a debt collector

Did the last debt collector comply with all these steps? Chances are high that the answer this time is a resounding “NO”.

Debt collectors will continue to violate your rights and take advantage of consumers because they know the vast majority of them do not know their rights and do not know how to press their rights in court. Quite frankly, they are right. Most consumers do not know their rights and how to press them in court, but how could they? Consumer law is so vast and huge with a myriad of turns and crevices.

However, you do not need to fear the creditors any longer. Let Esquire Law Center give you the helping hand you deserve. We offer free consultations is all our areas of practice.