FDCPA / ROSENTHAL ACT
You have a right to sue debt collectors for abusive practices. The attorneys at the Mlnarik Law Group cease debt collection harassment and obtain settlements for victims of collection abuse. Debt collectors are required to adhere to certain practices, be honest with consumers, and treat consumers with dignity. If you feel harassed by a debt collector, that debt collector may be sued in federal court for violating the Fair Debt Collection Act (FDCPA) and/or California’s Rosenthal Act. Debt collectors are not allowed to do the following:
- Make harassing phone calls
- Yell, use profanity and lie
- Make threats
- Call family, friends and employers to collect a debt
- Send harassing or deceiving collection letters
- Not properly identify themselves
- Leave harassing phone messages
- Incessantly call your home or cell phone
- Demand additional money for attorney fees and collection costs
If you have experienced any of the above abuse, you may be entitled to compensation. Successful FDCPA claims automatically entitle the prevailing party to receive statutory damages of up to $1,000, and be reimbursed for attorney fees and costs. Compensation may also include actual damages, such as medical bills and lost income. Other claims against a debt collector may include:
- Intentional or negligent infliction of emotional distress
- Violation of Telephone Consumer Protection Act (TCPA)
- Invasion of privacy
- Violation of Fair Credit Reporting Act
To help your case, it is important to keep all letters, envelopes and enclosures that the debt collector mailed you. Keep a log about phone calls from collection agents that includes the date, time, who called, and all the details you remember from the conversation. Also, record all voice mails from collection agents.
If you would like to schedule a consultation with one of our attorneys to discuss your case, please call us at:
(408) 919-0088 or contact us.
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