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Master Your Domain with Attorney Steve

Husband and wife podcast focusing on entertainment law, intellectual property and launching, building and protecting your online brand!
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Now displaying: September, 2014
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Sep 16, 2014

CREDITORS AND DEBT COLLECTORS MUST COMPLY WITH THE FEDERAL FDCPA (DEBT COLLECTION FAIR PRACTICE LAW OR FACE A LAWSUIT).

OUr modern world is filled with scammers and debt collectors who hassle you at all hours of the day, and who seek to collect on debts alleged to be owed.  Some debt collectors have valid and legitimate claims to collect, while others may have "purchased your bad debt" for pennies on the dollar and are now seeking to collect what they can on that debt.  There are also doctors and hospital bills seeking to collect debts for medical bills (often over-priced, and often you never know what they charges are going to be in advance) then they just want to collect whatever they can from you.

Well at our firm we scrutinine the activities of these debt collectors.  We make them do their homework and we make them "validate the debt." under the Federal Fair Debt Collection Practices Act ("FDCPA").

This is a federal law that requires any debt collector (who is seeking to collect on a debt incurred due to family, household, or personal purpose) and who is collecting the alleged debt ON BEHALF OF ANOTHER COMPANY.

 When doctors, and lawyers, and credit card companies (and also loan servicers who collect debts from borrowers when the loan was purchased after it was in default) employ debt collectors to collect funds they are alleged owed, you owe it to yourself to demand that they immediately VALIDATE THE DEBT IN WRITING.  Fighting with a debt collector over the phone is not going to get you anywhere.

 Validation of the debt will do a few things:

1.  Get the proof that you owe money (such as invoices, so you can verify whether or not you paid the bill)

2.  You will get the name and number of the debt collector so you can look them up.  For example, check them out on the Better Business Bureau to see if they are legit, or a scam copmany (we have seen scammers come in all shapes and sizes and look legitimate when they are not).  How do you know the "debt collector" is not some dude sitting in his underwear in a small tent in another country.  How do you know?

Trusting without verifying is often one of the biggest mistakes people can make when dealing with debt collectors.

3.  The letter sent to you from the debt collection company could contain common FDCPA violations.  This means, they credit collector would then be in a position to answer a federal debt collection lawsuit wherein you, as Plaintiff, can seek up to $1,000 dollars in damages.  We take these cases on a contingency fee basis.

In the event a settlement of the debt (assuming its valid cannot be reacched) you have a legal right to sue the debt collector in Federal Court seeking money damages. For creditors who do not know how to comply with the FDCPA, this is how you turn the tables on them

Listen to Attorney Steve and his wife Lisa discuss this important consumer rights topic.  In appropriate cases, we may need to file a consumer class action lawsuit.

MORE INFORMATION ON FDCPA

Call us at (877) 276-5084.  Or visit our website at Vondran Legal.  We hope you enjoy the show and we look forward to working with you!  If you have any questions about the FDCPA call our debt collection hotline listed above.

 

 

 

 

 

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