Chicago Fair Debt Collection Practices Act (FDCPA)

Fighting Creditor Harassment

The Fair Debt Collection Practices Act (FDCPA), passed by Congress in 1977, is enforced by the Federal Trade Commission. The purpose of the act is to protect consumers from unfair, abusive, and deceptive debt collection practices. It was determined by lawmakers that abusive debt collection practices were having a negative impact on American citizens, contributing to personal bankruptcy, marital instability, job losses, and invasion of privacy. If you have been subjected to abusive collection tactics, you should consult with an experienced Chicago debt collection defense lawyer.

At Smith Ortiz, P.C., our bankruptcy attorneys are knowledgeable concerning the FDCPA, and we will help you fight creditor harassment. If appropriate, we can help you file a complaint with the Federal Trade Commission. Our firm has the skill, experience, and dedication to effectively guide our clients toward financial freedom. We are committed to providing the highest quality and most comprehensive debt relief legal services possible.

Understanding the Fair Debt Collection Practices Act (FDCPA) in Chicago

Under the FDCPA, collection agencies or third-party debt collectors are subject to strict guidelines as to what they can and cannot do while attempting to collect a debt.

Among other things, debt collectors are not allowed to:

• Use profane or obscene language
• Make false statements or representations
• Harass the debtor with repeated phone calls
• Contact the debtor at inconvenient times or places
• Ask the debtor to pay more than what is actually owed
• Discuss the debt with any third party
• Contact a debtor who is represented by an attorney concerning the debt

There are several ways to fight creditor harassment. One way is to file for bankruptcy. When a Chapter 7 or Chapter 13 petition is filed with the bankruptcy court, an automatic stay goes immediately into effect. The stay legally prohibits creditors from taking any collection action whatsoever, including phone calls, letters, emails, wage garnishment, repossession, or lawsuits. Let our knowledgeable attorney help you through a difficult financial situation to a brighter financial future.

Contact our firm for to take action to halt creditor harassment and seek compensation for damages.