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Rock Island, Illinois, Creditor Harassment Lawyers

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are under strict regulations regarding the types of activities they may engage in when pursuing debt repayments. The FDCPA is a consumer protection statute that allows individuals to put an end to creditor harassment. If the regulations outlined in the FDCPA are violated, individuals may sue the offending creditors to recover monetary damages and attorney’s fees.

At the law firm of Buckrop & VanDeVelde, our Davenport creditor harassment attorneys can help put a stop to harassment and undue pressure from debt collection agencies.

What Is Forbidden Under the FDCPA?

The FDCPA limits the methods and manner that debt collectors may use in an attempt to collect a debt. Some of the prohibitions contained in the FDCPA include:

  • Contacting the consumer at unusual times
  • Contacting the consumer at unusual places
  • Contacting the consumer at work
  • Contacting a consumer who has retained legal representation
  • Informing most third parties about a consumer’s debt, including leaving phone messages that are likely to be overheard by a third party
  • Using phony business names in a collection effort
  • Attempting to collect a debt that was discharged in bankruptcy
  • Attempting to collect a debt that is outside of the statute of limitations

These prohibitions are not exhaustive and there are other actions that may violate the FDCPA. Our attorneys can review your situation to determine whether you may have a cause of action against your creditors.

I am a Victim of Creditor Harassment. How Can I Recover Damages?

In order to recover damages, it is essential to have proof of the harassment. You should keep a detailed log of any phone calls as you receive them. Make sure that you write down the name of the company, the name of the agent and his or her badge number, the phone number you were called from, the date and time of the call, and what the call was about. If you have legal representation, you should inform the agent of this fact and provide your attorney’s contact information. You can also ask the agent to stop contacting you.

In addition, you should send a certified letter to your creditors requesting that their collection agents cease communication. You should also keep all correspondence received from your creditors and have your attorney fax them a notice of representation. Most cases come down to what you can prove. If you have been the victim of repeated harassment that violates the FDCPA but you have no proof, then most attorneys will not take your case.

The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) protects consumers from the inaccurate reporting of debts to credit reporting agencies. Inaccurate reporting may cause you to be denied for a home or car loan. It may also cause you to pay a much higher interest rate for the loans you are given, which can cost you thousands of dollars over the life of your loans. That is why it is important to check your credit reports on a regular basis.

You are entitled to one free credit report annually from each of the three main credit reporting agencies (TransUnion, Experian, Equifax). If your debts are being reported incorrectly, you have the right to demand that the information be corrected. You may also have a claim against the creditor or the credit reporting agency. If you believe that you have suffered damages as a result of the incorrect reporting of your debts, we may be able to help.

A Debt Collector Is Threatening Me. What Should I Do?

Lately, there has been a rise in phony collection agencies contacting individuals under the guise of collecting on a debt they owe. They will threaten the consumer with jail time if the debt is not paid right away and will attempt to obtain financial account information. If it is a real collection agency, it would be in clear violation of the FDCPA. However, more often than not, you are being contacted by a fake company that is trying to get your money. If you receive any calls like this, your first step should be to contact the consumer fraud division of your state’s Attorney General’s office and file a formal complaint.

Contact Our Illinois Credit Card Debt Attorneys for Help With Credit Relief

We are a small local debt relief and consumer protection law firm. Our office is located in The Law Centre in downtown Rock Island, Illinois, just a short distance from both Iowa and Illinois federal courthouses. Our lawyers and professional staff proudly serve most clients throughout Western Illinois and Eastern Iowa. Call us toll free at 800-627-5704 or contact us online to arrange a free initial consultation today.

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

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