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)
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)
What happens with credit reporting after you win your collection trial?
When you are in court and you win, what happens with your credit reporting after the trial?
You want the debt removed from your report, but how does this happen?
Do you ask the judge?
Does this happen automatically?
In this post, we’ll discuss how to wrap things up after you win.
You go to court and you win your case. What happens now?
The judge does not control your… (Read more)
Why do credit bureaus believe furnishers over consumers?
Today, I wanted to talk with you about why do credit bureaus believe the creditor, or the debt collector, or a “furnisher” over you when you do a dispute?
You believe there’s something wrong with your credit report.
So, you reach out to the credit bureaus (TransUnion, Equifax, Experian) and tell them there is a problem with your Capital One account, your Portfolio Recovery account, or other debt collection account.
You tell… (Read more)
Example: Suing a debt collector for updating balance after pay for delete
Today, I wanted to share with you an example of a case we filed in the context of a pay for delete.
This is just one of the many cases we file against debt collectors for violating the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
What is a pay for delete?
A pay for delete is when you call up a debt… (Read more)
The critical difference between deleting a debt from your credit report and killing a debt
Deleting a debt from your credit report is good, but the debt still lives. You can still be sued and the debt can be sold.
Think of it as a table with an object resting on top.
The debt is the table and the credit report is on top of the table.
If we can get rid of the credit reporting, excellent.
But the table,… (Read more)
What in the world are affirmative defenses?
You’ll typically find affirmative defenses in Rule 8 of your Federal Rules of Civil Procedure.
Most states tend to follow the guidelines in the Federal Rules of Civil Procedure, but be sure to check on your state’s specific rules.
For Alabama, the state where we practice, you can find affirmative defenses in Alabama Rules of Civil Procedure Rule 8(c).
But what are affirmative defenses?
I’m the defendant and I say to the plaintiff… (Read more)