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The Fair Debt Collections Practice Act (FDCPA) protects citizens from certain actions from debt collectors. When dealing with collectors it is important to know what laws are in place to avoid being taken advantage of. If a collector has violated any part of the FDCPA, you could be entitled to compensation.

A collector is not allowed to contact any third party members regarding the debtor. If the debtor’s location is unknown, then communication is allowed to establish a location. However, a collector must establish who he is during every communication attempt between every party. The collector cannot contact the debtor during unusual hours, or if the debtor has an attorney, then all communication must be made with the attorney.

Collection agents also cannot lie to debtors. They cannot lie about who they are, who they work for or what will happen if the debtor does not pay. If a collector makes any claims that he cannot follow through with, then he is violating the FDCPA.

Collectors are restricted from releasing names of debtors. They must keep that information confidential unless it is a direct communication with the credit bureaus. Collectors are also not allowed to use profanity with debtors or continuously attempt to make contact with the intent to harass or annoy the debtor.

If you have experienced any of the events described above, you may be entitled to the following types of compensation:

Lost wages:

If a collector contacts a debtor’s employer and violates the FDCPA, it can cause problems for the debtor at work. In other cases, an employee may not be emotionally and physically capable of working due to the constant harassment from debtors. In these circumstances, the debtor may be able to recover lost wages.

Emotional Distress:

The constant harassment of collectors can cause strain on family relationships as well as work relationships. The relentless reminders of debt can have serious side effects on the debtor’s emotional well-being.

Physical Distress:

Some cases have shown debtors suffer physically from the barrage of collector phone calls and messages. Some debtors have suffered anxiety-induced heart problems, migraines and other medical conditions. Any conditions brought on by a collector should be checked and documented by a doctor.

Third Party Violations:

Third Party members like friends or co-workers may sue the collector if they are harassed and contacted with a breach of the FDCPA. If this occurs, proof is needed that they were contacted.

If you feel that you may be a victim of collection violations, don’t hesitate to contact the offices of Alabama Personal Injury Lawyers – Lewis & Feldman, LLC today to schedule a free initial consultation and case evaluation by calling the Birmingham personal injury law firm of Lewis & Feldman, LLC locally at 205-896-6410, toll-free at 888-705-3997 or complete our contact form. You can also email us at jon@LewisAndFeldman.com and dfeldman@LewisAndFeldman.com. We’re the collection violations lawyers serving Birmingham, Bessemer, Hoover and the surrounding Alabama communities who can help you receive the justice you deserve.