Creditor harassment is a real and serious issue facing thousands of financially burdened debtors around the country. While debt collection is legal, harassment by collection agencies and creditors is not. Several laws have recently been enacted that are specifically aimed to curb obnoxious collection practices and safeguard the interest of the debtors.
Bankruptcy laws, the Fair Debt Collection Practices Act (FDCPA), and the Federal Telephone Consumer Protection Act (TCPA) are just a few of the laws enacted to protect consumers. These statutes allow the consumer to collect:
- Statutory damages up to $1,000 per violation and attorney fees under the FDCPA
- $500 per violation under the TCPA
- Actual damages and attorney fees under the Federal Bankruptcy Code
You may have a potential claim under the FDCPA, TCPA, and/or bankruptcy laws against the creditor or debt collector (a third party collecting a debt on behalf of the original creditor or a debt buyer who bought a debt in default) if they are attempting to: collect a debt listed and/or discharged in your Bankruptcy petition; collect a debt previously released via an agreement (such as a deed-in-lieu of foreclosure agreement or a short sale agreement); or harassing you via phone calls and letters after you have requested them to cease contact.
If you feel that you are a victim of the above-described practices, please contact us.