The Debt Collection Industry
San Jose Debt Collection Lawyer
For the ninth year in a row the debt collection industry received the highest
number of complaints made to the Federal Trade Commission. Debt collectors
are governed by the federal Fair Debt Collection Practices Act, as well
as some state laws (such as California's Fair Debt Collection Practices
Act). The FDCPA prohibits debt collectors from using abuse or harassment;
using false deceptive or misleading statements; engaging in unfair and
unconscionable acts, etc.
Despite these prohibitions some debt collectors continue to violate the
law. Part of the problem is that debt collectors have no relationship
with the consumer that they are concerned about maintaining; so they don't
care if they offend you. These third party collection agencies attempt
to collect past-due accounts that have been referred or sold to them by
the original creditors. This includes credit card companies like Bank
of America, Chase, Wells Fargo, MBNA, etc., department stores like Sears,
JC Penny's, car dealers like Toyota, Honda, GM, Ford, health care
providers, and others.
Today's debt collectors use sophisticated telephone equipment and "skip
tracing" tools to track down and call the debtor. However, under
the FDCPA, and related laws, debt collectors are not allowed to make repeated
or continuous calls, fail to meaningfully identify themselves, call back
after a hang up, or use automated dialing systems and/or pre-recorded
voice message (also known as robo dialing). Of course as explained elsewhere
on this site, debt collectors are also not supposed to call your relatives,
neighbors or co-workers (with very limited exceptions); make false threats
of arrest or criminal prosecution; make any false statements in an attempt
to collect a debt; or engage in any unfair or unconscionable conduct in
an attempt to collect a debt.
If you feel you have been abused or harassed by a debt collector, and would
like to know more about
your rights, call a San Jose creditor harassment lawyer at Wilcox Law Firm, P.C.
Our law firm is dedicated to protecting consumers from abusive and harassing
debt collectors. We can show you how to STOP
collection harassment, and help you learn more about your rights.
Debt Collection Attorney in San Jose
Contact a San Jose Debt Collection Lawyer to learn about the debt collection industry and what your rights are to
fight against unfair treatment such as abuse or harassment by a bill collector.