Consumer Legal Rights

Consumer Legal Rights

You as a consumer have various legal rights enacted by Congress to protect you. The information in this section contains a brief description of your general legal rights. For additional information on your legal rights, you may click on the individual Acts below and visit the United States Federal Trade Commission (FTC) web site at www.ftc.gov.

· Fair Debt Collection Practices Act – See the full FDCPA click here: FDCPA

· Fair Credit Reporting Act – See the full FCRA click here: FCRA

· Fair Credit Billing Act – See the full FCBA click here: FCBA

· Credit Card Act of 2009 – See the full CCA click here: CCA

· Equal Credit Opportunity Act – See the full ECOA click here: ECOA

Are You Receiving Harassing Phone Calls?

There are state and Federal laws to protect consumers from harassment by creditors and collection agencies. The Fair Debt Collection Practices Act (commonly referred to as the FDCPA) is a Federal law enacted by Congress to protect consumers from harassment by collection agencies. FSSC works with a network of consumer protection law firms, who will assist you with any violations of law whether state or Federal. If you feel a collection agency has harassed you, you should contact us immediately; you may be entitled to monetary damages.


Violations of the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a Federal law enacted by Congress designed to protect you, the consumer. It clearly spells out the rights you have. It prohibits debt collectors from using dishonest and abusive methods of collecting money owed.

Illegal Practices in Attempting to Collect a Debt:

 

  • A debt collector calls your work after you tell the collector not to call your work.
  • A debt collector calls before 8 a.m. or after 9 p.m. in your time zone.
  • A debt collector makes an excessive number of phone calls. (Usually, more than one call per day.)
  • A debt collector claims to be an attorney or sends letters that looks like they are from a law office. (Unless the debt collector is actually an attorney.)
  • A debt collector continues to contact you even after they have been made aware that you are being represented by an attorney.
  • A debt collector tells someone other than you, your spouse, or your attorney that you owe them money.
  • A debt collector misrepresents the amount of money owed, or the legal status of the debt.
  • A debt collector fails to honor your request for them to cease telephone communication to you.
  • A debt collector gives false information regarding your credit.
  • A debt collector threatens to garnish your wages or take your personal property. (This can only be done with a court order.)
  • A debt collector uses obscene language.
  • A debt collector threatens you, or your family.
  • A debt collector does not give you a 3 to 10 day notice before cashing a check post-dated issued by five (5) or more days.
  • A debt collector threatens you with criminal prosecution or tries to imply you’re committing a crime that you could be arrested for and go to jail.

If you believe a debt collector has violated any of your rights under the Fair Debt Collection Practices Act, contact us at 1-800-793-5357 and we refer you to a consumer protection attorney to assist you with any violations. The debt collector may be required to pay you fines and damages.