Provisions of the Fair Debt Collection Practices Act as Represented by Chicago Personal Injury Attorneys (Part 2)
The Fair Debt Collection Practices Act is used by Illinois Personal Injury Lawyers who fight for consumers in and around Chicago. Personal Injury Attorneys who specialize in consumer rights understand the following provisions (along with those from the previous post):
- Suit Filed in an Improper Venue
When an attorney attempting to collect a debt files suit in a venue other than where the consumer resides or where the contract was signed, the Act may be violated. The Act limits suits regarding real estate to the jurisdiction where the land is located. For personal debts, a collection action may be filed only where the consumer resides or where the contract was signed
- Communications with Third Parties
The collector may not communicate regarding the debt with anyone other than the consumer, his or her attorney, a consumer reporting agency, the creditor, and the creditor’s and consumer’s attorneys. Contact with the consumer’s employer or co-workers may violate the Act.
- Contradiction or Overshadowing of the Thirty-Day Validation Notice
The collector is required to inform the consumer in the first communication or within five (5) days thereof that the consumer has thirty (30) days within which to dispute the debt, request in writing verification of the alleged debt, and/or request in writing the name and address of the original creditor. To contradict or overshadow this thirty (30) day period within which the consumer may exercise his rights violates the Act. The contradiction need not be threatening to violate the Act.
- Failure to Provide the Consumer Notice
The failure to give the validation notice, discussed in the foregoing paragraph, and the debt collection warning, i.e. — this is an attempt to collect a debt and any information obtained will be used for that purpose, violates the Act. In all subsequent communications the collector must state that the communication is from a debt collector.
If you believe a third-party debt collector violated your rights under the FDCPA and you live in or around Chicago, personal injury attorneys can help protect you from further harm. In Illinois, personal injury lawyers who are dedicated to consumer rights fight against debt collection abuse every day.
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