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’s the danger in making a payment past the Statute of Limitations?
Debt collectors must sue within the Statute of Limitations.
If they sue on a debt that is past the Statute of Limitations (also known as a time-barred debt), they violate the FDCPA.
This time period to sue will vary depending on your state and the type of debt.
In Alabama, it could be 3 to 6 years. Other states can be different.
Whatever the time period is in… (Read more)
Why do debt collectors absolutely hate marking your account as “disputed” on your credit report?
In this article, we will discuss what this means, why they hate doing it, and what you can do when they violate the law.
What does it mean to mark an account as “disputed”?
You dispute a debt when you tell a debt collector verbally or through writing that you dispute the debt.
This does not have to be specific. The dispute can simply be… (Read more)
The biggest danger consumers face when sued by a debt collector
When you have been sued by a debt collector, the biggest danger consumers face arises at the beginning of the lawsuit.
Recently, we discussed the time limits to respond once you have been served.
In district or small claims court, you have 14 days to respond.
In circuit court, you have 30 days to respond.
But what if you don’t respond?
If you do not respond, you fall victim… (Read more)
4 Types of money damages you can recover under the FCRA
What type of damages can you get from an FCRA lawsuit?
There are 4 types of damages you can recover when suing under the FCRA:
Mental Anguish / Emotional Distress
Economic
Statutory
Punitive
Mental Anguish
There is false credit reporting and you have the ability to sue.
Typically this means you have done a dispute through the credit bureau and it doesn’t get fixed.
Now, this false credit… (Read more)
Two enclosures that should be mailed with your FCRA dispute letter to a credit bureau
There are two things you should include in any dispute letter a credit bureau (TransUnion, Equifax, etc.)
Driver’s license or another form of government ID.
Recent bill or statement that shows your name, address, and the company name.
Why should you include these items if they aren’t required?
Credit bureaus hate investigating claims. They don’t make any money from investigating claims.
So, we are trying… (Read more)