Congress enacted the Fair Debt Collection Practices Act (FDCPA) to provide guidelines for third party debt collectors who are seeking to collect legitimate debts, while providing protections and remedies for you. Third party debt collectors include but are not limited to: collection agencies, collection law firms, and debt buyers.

The FDCPA covers personal, family, and household debts. It prohibits certain debt collection practices. The following is a list of some of the prohibited collection practices: harassing you; contacting you after the collector receives written notice that the collector does not have your consent to contact you; state that you will be arrested if you do not pay the debt; continue to contact you after the collector is aware that you retained an attorney; use threats of violence or harm in an attempt to collect a debt; use obscene or profane language in an attempt to collect a debt; disclosing the debt to a third party, such as a neighbor, friend, or relative; making false or misleading statements; and contacting you at your place of employment when you informed the collector that you and your employer do not consent to such contact and that the contact must cease.

Persels & Associates, LLC, has the resources to enforce our clients’ rights under the Fair Debt Collection Practices Act (FDCPA). If a third party collector violated the FDCPA, Persels & Associates, LLC, will prepare and, with other firms, file a federal claim against the collector. If a violation is found, the Act entitles you to collect damages. Statutory damages are up to a maximum of $1,000.00 and additional damages may be available. If the claim is successful, the debt collector is required to pay attorney fees and costs and in some cases, the original debt is forgiven or otherwise discharged.