Did The Debt Collector Or Foreclosure Law Firm Violate The FDCPA When It Sent You A Collection Letter?

Did The Debt Collector Or Foreclosure Law Firm Violate The FDCPA When It Sent You A Collection Letter?

FDCPADebt collectors are strictly prohibited from lying or misrepresenting any fact under the Fair Debt Collection Practices Act (FDCPA).

Unfortunately, we’re seeing more and more debt collectors, including foreclosure law firms, send out letters that violate the law.

One of the more critical aspects of a debt collection letter is the identity of the creditor.

The reason this is so important is you are getting a letter from some sort of law firm/collector that you have never done business with.

And this company or law firm is saying to that you owe money.

They expect you to pay this law firm or this debt collector.

The first thought that should go through your mind is “Who in the world is this company and why do I owe them money?”

This is the natural question and it is to be answered in the collection letter by the debt collector telling you who the creditor is.  This lets you know who the debt collector is (allegedly) collecting for.

The Debt Collectors And Foreclosure Law Firms Routinely Violate This Requirement

Now what we are seeing a lot of is that the creditor is listed as the current debt buyer or collector or maybe the servicing company for your mortgage loan.

But none of those entities are the creditor.

The creditor is the company that actually loaned to you the money.

So when you get a collection letter that says the creditor is LVNV or MERS or Ocwen Servicing etc., often this violates the FDCPA because it is not true.

If You Have Received False Information In The Last Twelve Months, Take Action While There Is Still Time

So go through your collection letters and letters from the foreclosure lawyers.

See if this information has been given to you accurately or if you have received false information.

If you have, then you have only up to one year from the date of the letter to file suit under the FDCPA.

You may be entitled to damages for this, because the Eleventh Circuit Court of Appeals said, “This is a very serious matter.”

Side note: the Eleventh Circuit Court of Appeals establishes the law for Alabama, Florida, and Georgia.

When you’re dealing with such an important and simple matter, you shouldn’t be lied to.

Contact Us.

If you have any questions, and you need someone to turn to, give us a call at 1-205-879-2447.

You can also fill out a contact form and we will get in touch with you as soon as possible.

I look forward to chatting with you!

Have a great day.

-John G. Watts

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