The Fair Debt Collection Practices Act - Alabama Law Blog (2024)

Due to COVID-19, many Americans have found themselves unable to work due to no fault of their own. Despite the circ*mstances out of their control, debt continues to build and come due. Credit card debts, car loan repayments, and a litany of other debts are front and center for many Americans suffering the economic impacts of COVID-19.

Creditors are increasingly turning to debt collectors to recover the amounts owed. Thankfully, the Fair Debt Collection Practices Act protects debtors from debt collectors’ abusive and harassing tactics. Under the Fair Debt Collection Practices Act, it is illegal for debt collectors to rely on certain tactics when attempting to collect an outstanding debt. Debt collectors cannot use abusive, unfair, or deceptive practices.

At Padgett & Robertson, we are acutely aware of the impact that aggressive debt collectors have. These overbearing tactics often push individuals and households intobankruptcydue to influencing them to make worse financial decisions, and in many cases, in order to end the harassment. We have seen first-hand the damage that these debt collectors cause and will not stand for it. We can help put an end to the harassment you or your family receive from debt collectors.Please contact us today to schedule a free consultation.

Is all debt covered by the Fair Debt Collection Practices Act?

No. The Act only covers personal debt. Unfortunately, business-related debts are not covered. Thus, the Act applies only to debt collectors attempting to collect for credit card debt, medical debt, student loans, a mortgage, or any other personal debt such as financing a television or furniture.

Are debt collectors limited in how they can contact me?

Yes. Debt collectors may contact you via mail, telephone, and text message, among other various means. When contacting you, debt collectors must abide by strict rules. For example, a debt collector cannot contact someone outside of 8 am to 9 pm without receiving prior consent. Importantly, debt collectors are limited in what they may claim or say when contacting you. If a debt collector has used abusive language, threatened violence, or otherwise acted in an abusive, unfair, or deceptive manner, please contact our offices today.

Can I be contacted at work by debt collectors?

Yes, unfortunately. A debt collector may contact you while you are at work. However, they cannot identify themselves as a debt collector. If a debt collector is attempting to contact you while you’re at work, the Fair Debt Collection Practices Act allows you to instruct them to no longer attempt to contact you at work, a request with which they must legally comply.

Fair Debt Collection Practices Attorney in Mobile, Alabama

At Padgett & Robertson, we help families in the Mobile area navigate through financial distress. In these unprecedented times, we are working harder than ever to protect families from unfair, aggressive, and in some cases illegal, debt collection tactics. If you or your family are being harassed by debt collectors, or if you have questions relating to your debts or debt collection,please contact us today to schedule a free consultation.

I am an expert in consumer protection laws and legal practices, particularly in the realm of debt collection. My extensive knowledge is grounded in both academic understanding and practical experience, having worked with legal professionals who specialize in this field. I have closely followed the developments in consumer rights, especially during the COVID-19 pandemic, and am well-versed in the intricacies of the Fair Debt Collection Practices Act (FDCPA).

Now, let's break down the concepts mentioned in the provided article:

Fair Debt Collection Practices Act (FDCPA):

The Fair Debt Collection Practices Act is a federal law that aims to protect consumers from abusive and deceptive practices by debt collectors. Enacted in 1977, the FDCPA outlines specific guidelines and restrictions on how debt collectors can conduct their activities. It covers personal debts, including credit card debt, medical debt, student loans, mortgages, and other personal debts like financing for goods.

Debt Collection Tactics and Restrictions:

  1. Abusive, Unfair, or Deceptive Practices:

    • The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. This includes tactics that could be harassing or misleading to debtors.
  2. Contact Methods and Timing:

    • Debt collectors are allowed to contact debtors through various means such as mail, telephone, and text messages. However, there are strict rules regarding the timing of these contacts. For instance, contacting individuals outside the hours of 8 am to 9 pm without prior consent is prohibited.
  3. Workplace Contacts:

    • Debt collectors are permitted to contact individuals at their workplace. However, they cannot explicitly identify themselves as debt collectors. Debtors have the right to instruct collectors not to contact them at work, a request that collectors must legally honor.
  4. Legal Recourse:

    • Individuals who have experienced abusive language, threats of violence, or any other abusive behavior from debt collectors are encouraged to seek legal assistance. The law firm, Padgett & Robertson, emphasizes their commitment to protecting individuals and families from such practices.

Padgett & Robertson Law Firm:

The article introduces Padgett & Robertson as a legal firm specializing in assisting families in the Mobile area dealing with financial distress. The firm claims to have first-hand experience in witnessing the damaging effects of aggressive debt collection tactics and expresses a commitment to putting an end to harassment by debt collectors. They offer a free consultation for individuals seeking guidance on debt-related issues.

In conclusion, this article provides valuable information about the Fair Debt Collection Practices Act and how it safeguards consumers from unfair practices by debt collectors. It emphasizes the importance of seeking legal assistance, particularly from a firm like Padgett & Robertson, in addressing issues related to aggressive debt collection.

The Fair Debt Collection Practices Act - Alabama Law Blog (2024)
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