Abusive Debt Collectors

Abusive debt collectors are like bullies. If you don’t take action, they get worse. If you fight back, they tend to go away. Learn how to fight back using the laws.

Fair Debt Collection Practices Act (FDCPA) — protecting consumers from abusive debt collectors

The Fair Debt Collection Practices Act (FDCPA) is a powerful law that helps protect consumers, including Alabama consumers, from abusive and harassing debt collectors. In this article we’ll take a dive into the following: What is the purpose of the FDCPA What is a “debt collector” under the FDCPA Who is a consumer under the law What debts are covered and not covered under the FDCPA What type of conduct is forbidden Exactly what is a debt collector required to… (Read more)

FAQ About Debt Collector Harassment Which Violates The FDCPA

Is A Debt Collector Harassing You Illegally?  Find Out What Your Rights Are So You Can Take Action Against Abusive Debt Collectors! We realize that dealing with debt collectors can be intimidating.  Not just because abusive collectors are intimidating but also because you may not fully understand your rights and what collectors can, and cannot, do in collecting a debt from you. We have laid out some typical questions that we are asked by Alabama consumers who want to know… (Read more)

Referring lawyers — have a case you would like us to look at for you?

We welcome referrals from lawyers inside or outside of Alabama Many of our cases — and particularly our bigger cases — come from referring lawyers who refer their consumer cases to us.  While most people who send us cases are lawyers we have worked with for many years, we wanted to share this information primarily for lawyers we have not worked with so you will understand the process.  We want to make any referrals as easy as possible for you.… (Read more)

All abusive debt collectors should be sued . . . repeatedly

You know how you get a “volume discount” when you buy a 400-foot long hose at Sam’s Club?  Or a giant box of crackers?  Kind of makes sense.  But this is how abusive debt collectors think — they believe the more times they break the law the less they should be sued under the FDCPA (Fair Debt Collection Practices Act).  And when they are sued, they want a “volume discount” because they have been sued multiple times. One of the… (Read more)

Abusive Debt Collectors: Calling you at inconvenient times or places or when you are represented by a lawyer

A debt collector can be guilty of violating the FDCPA (Fair Debt Collection Practices Act) by calling you at inconvenient times — let’s look at this to see what the law prohibits. Here is the general rule directly from the text of the FDCPA (15 U.S.C. 1692c(a)): (a) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may… (Read more)

Why do debt collectors and debt buyers lie about receiving a recent payment?

Simple answer — to claim the statute of limitations (time to sue you) has been restarted by the recent payment. So let’s take an example of how a collector tries to lie to get around the statute of limitations. Debt buyer sued you for a debt you defaulted on 7 years ago.  The statute of limitations for credit card type debt is, at most, 6 years. So the debt collector has filed the lawsuit too late. But. What if it… (Read more)

Are you afraid to sue an abusive debt collector under the FDCPA?

Are you afraid to sue an abusive debt collector under the FDCPA? So you’ve got a debt collector that’s collecting against you, which is fine if you really owe them the money and they are following the rules.  But what if they violate the FCDPA (Fair Debt Collection Practices Act)? They cross the line by harassing you, calling your ex-mother in law and co-workers, threatening you, putting false information on your credit reports, etc. In addition, you’ve figured out that… (Read more)