Consumer Debt Collection Abuse Violates FDCPA
In this series on Illinois consumer law, our Illinois personal injury attorney will address your rights according to the FDCPA (Fair Debt Collection Practices Act). As we learned in the last post, the FDCPA is intended to protect consumers while enabling debt collectors to operate in a fair and lawful manner. Consumer debt collection abuse or harassment is often in direct violation of the provisions of the FDCPA.
The FDCPA applies to any debt obtained primarily for personal, family, or household purposes. Most consumer debts (credit cards, student loans, medical debts, etc) are covered by the FDCPA. Business debts are excluded.
The FDCPA only applies to a person or company that regularly collects debts of another. Most debt collectors are covered by the FDCPA. Creditors who are trying to collect their own debts (such as an in-house collections department at a medical center) do not have to comply with the FDCPA. Third party debt collectors who don’t regularly collect debts owed to others do not have to comply. If your creditor is excluded from provisions of the FDCPA, you may still find harassment protection from various state laws. You should consult a Chicago personal injury attorney who specializes in consumer law if you live in Illinois. Personal injury lawyers can help you understand the laws of our state, and help you interpret the provisions of the FDCPA.
In simple terms, a debt collector may be found to have violated the FDCPA if they make harassing, threatening, or misleading statements so as to coerce you or trick you into making payments on a debt.
If you believe your rights under the FDCPA have been violated by consumer debt collection abuse, contact a Chicago consumer law attorney today.
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