Fair Debt Collection Practices Act (FDCPA) in California
The Fair Debt Collection Practice Act (FDCPA) protects consumers in the state of California from collection agency harassment. Under the FDCPA, debt collectors are not legally allowed to continue calling if an individual communicated that they are unable to pay the debt at the time. One is also legally protected from a debt collector calling them at their place of work if he/she requests no contact at his/her place of employment.
Nobody anticipates being in financial arrears and unable to pay back a debt. At the same time, as a consumer in California, one’s privacy is legally protected against debt collectors.
Examples of FDCPA violations include:
- Using threats as an attempt to collect on a debt;
- Calling during inappropriate hours, typically defined as before 8 am and after 9 pm;
- Making claims that everyone will be made aware of one’s debt;
- Claiming to be an attorney in an attempt to intimidate;
- Threatening jail time if payment is not made;
- Calling an employer, friends and/or family and telling them about a debt; and
- Threatening to deposit a postdated check early.
If one believes that their rights under the FDCPA are being violated, it is important to file a claim in a timely manner. Also, once an attorney is retained by an individual for debt purposes, a debt collector is not legally allowed to contact him/her under the FDCPA.
Under the FDCPA, a debt collector is not legally allowed to contact an individual directly once an attorney is retained. If a collector continues to call you and you think they are violating the FDCPA, call us immediately. You must file your claim in a timely manner. Let us handle the hassle of dealing with the collectors and protect your rights.
The Luftman, Heck and Associates Advantage
We at Luftman, Heck and Associates offer deep experience representing clients in accordance with the FDCPA. We will serve as your advocate against debt collectors, and ensure your rights as a consumer in California are protected according to the FDCPA. Our goal is to help ease the burden on you as you face increasing financial pressure, and ensure you receive the legal protection from debt collectors that you are entitled to.
If you or a loved one are looking for FDCPA legal assistance and interested in learning more about Luftman, Heck and Associates LLP, please fill out a contact form. A member of the firm will contact you directly to discuss your case in more detail and provide additional information about our criminal defense services.