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  • Debtors’ Rights and the FDCPA (Part 2)

    According to the FDCPA, creditors are not legally allowed to use profane language or call borrowers before 8am when trying to collect a debt from a borrower.

    According to the FDCPA, creditors are not legally allowed to use profane language or call borrowers before 8am when trying to collect a debt from a borrower.

    As a continuation of Debtors’ Rights and the FDCPA (Part 1), the following is some additional information regarding debtors’ rights that are laid out in the Fair Debt Collections Practices Act. While Part 1 of this blog outlined the legally required practices that creditors must abide by when interacting with borrowers regarding a debt, Part 2 will lay out what creditors are legally not permitted to do in an effort to collect debt. Should creditors violate the FDCPA in any way, they can be sued by a borrower and ultimately be ordered to pay a borrower up to $1,000 in restitution (along with any reasonable attorney fees the borrower has accumulated as a result of the lawsuit).

    Legally Prohibited Practices for Creditors

    Among the legally prohibited practices that creditors are forbidden from performing when trying to collect a debt include (but are not limited to):

    • Calling borrowers before 8am or after 9pm in the borrowers’ local time zone
    • Repeatedly or incessantly calling borrowers with the intention of trying to harass or bother them
    • Continuing to try to contact borrowers after borrowers have notified creditors in writing that they are refusing to pay the debt in question
    • Contacting borrowers at work after borrowers have informed creditors that this should not be done
    • Continuing to try to directly contact borrowers when creditors have been informed that borrowers have an attorney representing them (as all communications should go through the attorney)
    • Lying in any way about the nature of the debt or the creditor’s identify (for example, by stating that more is owed on the debt than is actually owed or by misrepresenting a creditor as a lawyer or a law enforcement official) 

    If you are struggling with debt and are looking for a financial fresh start, contact the trusted Colorado bankruptcy lawyers at The Law Office of Andrew McKenna. For more than 20 years, we have been successfully overseeing our Clients’ bankruptcy cases so they can resolve their financial issues as beneficially as possible. Our comprehensive legal knowledge coupled with our vast experience allows us to consistently and efficiently help our Clients achieve the best possible resolutions to their financial matters. For an evaluation of your case and expert advice regarding how to move forward, call us at (719) 201-4527.

    
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