While creditors have a legal right to collect on debts owed to them, there are laws in place to protect the consumer from overly-aggressive or harassing conduct. When creditors cross the line by violating the Fair Debt Collections Practices Act or state and federal credit reporting laws, attorney Janet Contero, Esq. can step in to hold them accountable for their actions.
Fair Debt Collection Practices Act (FDCPA)
When a bill is turned in to collections, collection efforts may be taken over by professional collections agencies, lawyers who practice in the area of debt collection, or companies which buy delinquent debts from the creditors and then try to collect on them. The actions of third party debt collectors are governed by the FDCPA, a federal law aimed at stopping abusive, unfair, or deceptive practices in the field of debt collection. Under the FDCPA, a debt collector cannot:
In addition, debt collectors are prohibited from harassing conduct, making false or threatening statements, and other unfair practices in the collection process. Our practice is to send out an immediate cease and desist letter and obtain powers of attorney, if necessary, to stop the harassment. In an extreme case where there is a demonstrated pattern of abuse on the part of the debt collector, legal action may be appropriate.
The information above is only a general summary of the FDCPA, and states have their own fair debt collection laws with different requirements. If you are being harassed by a bill collector, contact contact the Law Offices of Janet Contero so we can assess your particular situation and help you find an appropriate remedy.
Credit Reporting Laws
Consumer reporting agencies wield a lot of power, and the information they provide can determine whether or not you are offered a job, approved for a loan, or accepted as a tenant in an apartment. If a creditor has incorrectly reported information to the reporting agency, your rights in these areas can be severely compromised. Attorney Janet Contero, Esq. will work to ensure that any inaccurate reporting is promptly corrected and that the creditor sends the corrected report to all the appropriate credit bureaus.
If you are being harassed by bill collectors or have found inaccurate information on your credit report, I can help stop the harassment or fix your report. Contact the Law Offices of Janet Contero for a free consultation with no obligation.