When you are contacted by a debt collector, it can cause a considerable amount of stress. However, when that contact becomes harassment, understanding how to proceed is critical. Generally, you are protected from harassment under the Fair Debt Collection Practices Act (FDCPA). However, you may wonder whether or not you need to dispute the debt in question first. If this reflects your circumstances, the following blog explores what you should know about filing an FDCPA claim and why working with a Los Angeles, California debt defense lawyer is in your best interest.
What Is the Function of the FDCPA?
The FDCPA is a federal law that regulates how debt collectors can interact with consumers to prevent harassment and hold collectors who violate these rules accountable. Generally, the FDCPA only applies to third-party collectors. However, California has adopted its own version of these laws to hold original creditors to the same rules.
As such, you’ll find that FDCPA violations include, but aren’t limited to, the following:
- Repeatedly calling debtors in short periods of time
- Calling at all hours of the night
- Calling and speaking to others about another person’s debts
- Publishing the names of debtors
- Using vulgar language
- Threatening violence
- Threatening to sue if they have no intention of doing so
- Misrepresenting the debt
- Lying about who they are (pretending to be a lawyer or police officer)
If you experience any of the aforementioned behaviors from a debt collector, it’s imperative to understand that this is a violation of your rights as a consumer. You should document these actions and contact an experienced attorney to explore your legal options during these times.
Do I Need to File a Dispute Before Filing an FDCPA Claim?
When you are facing harassment by a debt collector, you may wonder whether or not you need to dispute the validity of the debt before you can pursue legal action for the FDCPA violations you’ve endured. It’s important to understand that these two processes are independent of one another. As such, if you wish to dispute the debt, you do not have to pursue an FDCPA claim if no violation occurred, and you can file a claim even if the debt is legitimate. It’s even possible to pursue a claim for FDCPA violations if the debt is not legitimate.
You’ll find that a collector may try to claim that because you never disputed the debt, the FDCPA claim should be dismissed, which is not the case. Courts around the country have found that nowhere in the test for the FDCPA does it state that filing a debt dispute is a necessary prerequisite for pursuing legal action for creditor harassment.
As such, if you have been harassed over a debt, regardless of whether or not you filed a formal dispute over the amount, you are still within your right to pursue an FDCPA claim against the offender. At Los Angeles Legal Solutions, our dedicated legal team will do everything possible to assist you in these matters. We understand how complicated it can be to pursue a claim against a creditor, which is why we will do everything possible to assist you with these difficult matters. Contact us today to learn more.
