When you’re in debt, it can feel like the weight of the world is on your shoulders. However, this burden can grow even more overwhelming when you experience harassment by creditors and collectors looking to recover the funds they are owed. It’s important to understand that the FDCPA protects consumers from harassment. However, you may be unsure if original creditors are included. If this reflects your circumstances, you’ll want to keep reading to learn what you must know and why connecting with a Los Angeles, California debt defense lawyer is critical to fighting for the justice you deserve.
What Is the FDCPA?
The FDCPA, or Fair Debt Collection Practices Act, is a set of rules and regulations that debt collectors must adhere to when interacting with consumers. Essentially, this is in place to protect consumers from harassment and unfair collection practices. Common behaviors that are prohibited under the FDCPA include, but are not limited to:
- Placing repeated phone calls in a short period of time
- Calling outside of acceptable hours (8 a.m. to 9 p.m.)
- Using vulgar language
- Making threats
- Misrepresenting the amount you owe
- Lying about their identity (pretending to be a lawyer or police officer)
- Disclosing your status as a debtor
It’s imperative to understand that the FDCPA only applies to third-party debt collectors. As such, if you are facing harassment from your original creditor, the FDCPA cannot help you with the harassment.
What Can I Do if I’m Being Harrassed by Original Creditors?
Because the FDCPA only applies to third-party debt collectors, you may wonder what your legal options are if you are facing harassment by an original creditor. Generally, the most important thing to know is that California is one of a few states that has its own version of the FDCPA known as the Rosenthal Fair Debt Collection Practices Act. This is an expansion of the FDCPA implemented to offer California consumers greater protections from collectors. One of the biggest differences is that the Rosenthal Fair Debt Collection Practices Act has a more general definition of what a debt collector is, which allows an original collector to be subject to the same rules as a third-party collection agency.
As such, if you are subject to harassment at the hands of a debt collector, it’s important to understand that you should document all instances of unfair behavior to help ensure that you can fight for the compensation you deserve.
When you need help fighting the harassment you’re experiencing, Los Angeles Legal Solutions is ready to assist you. Our firm understands how important these matters are and the impact they can have on your life. That’s why our firm is ready to guide you through these complicated issues to fight for the compensation you deserve during these times. Contact us today to learn how we can fight for you.
