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Consumer Class Action Lawsuits
- Do Fall River Residents Billed By MassDOT for Railroad Use Owe the State?
- What is a lawsuit?
- Overdraft Fee Class Actions Help Consumers
- Bank Overdraft Fees in Massachusetts Will Not Stop with New Opt-in Rules
- Nevada Homeowners Sue Bank of America; Seek Class Action Status
- Bank of America Settles Mortgage Fee Case with FTC for $108 Million
- Toyota Allegedly Sought to Discredit Witnesses
- Toyota Financial Services Remains in Toyota Recall Lawsuit
- Toyota Financial Services Credit Rating Cut by Moody's
- Toyota Motor Credit Corp Added to Class Action by Massachusetts Couple
News
- Posted on 6/9/2011Employee Collects Triple Damages After Boston Business Violates Wage Law
- Posted on 3/12/20102000-2003 Toyota Tundra Recall Is Now Nationwide
- Posted on 3/3/2010Toyota Didn’t Properly Investigate Death Involving Acceleration Issue
- Posted on 3/2/2010Medford Man Sues Toyota After Wife Dies in Single-Car Accident
- Posted on 2/26/2010Credit Card Companies Can Still Profit Off Of Unsuspecting Consumers
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- Thank you Mr. Phillips. If we hadn't found you the [Bank] would have foreclosed on our property and I can't imagine the misery that they would have caused. S.N. - Arizona
Guidelines for Legal Communication by Debt Collectors (Part A)
To protect consumers from harassment by creditors and aggressive debt collectors, there are federal laws that define the terms of illegal debt collection practices. These illegal practices include the use of profane or abusive language, and threatening arrest or legal action which they haven't actually considered. The rules are stated clearly in the Fair Debt Collection Practices Act (FDCPA), along with a comprehensive set of guidelines for legal communications by debt collectors.
Guidelines For Legal Communication By Debt Collectors
Section 805 of the FDCPA is a list of guidelines for legal communication by debt collectors, which if violated can be construed as illegal debt collection practices.
The FDCPA includes provisions, such as the prohibition of:
- Communications at any unusual time or place known to be inconvenient to the consumer; including telephone calls before 8 a.m. or after 9 p.m.
- Communications with the consumer if he/she is known to be represented by an attorney
- Communications at the consumers place of employment after the employer prohibits such communications
- Communications with a consumer after receiving written notification that the consumer no longer wishes to be contacted in such regards
- Communications threatening the use of violence, or other criminal means to harm the physical person, reputation, or property of the consumer
And these are only some of the guidelines that the FDCPA provides. To see the entire list you can view it on the Federal Trade Commission's website.
If after reviewing the terms of the FDCPA, you believe that you have been the victim of unfair and illegal collection practices, you should start by taking complete notes of what types of abuse you have suffered and the dates that the harassment occurred. Save any paperwork or Email messages that demonstrate proof of the abuse and write down all of the dates of harassing phone calls, and what was discussed during these calls.
Next, it would be in your best interest to consult with an experienced personal injury attorney that specializes in debt collection class action lawsuits in Massachusetts. It is important that the lawyer has handled these types of cases and that they understand illegal debt collection practices.
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