Fair Debt Collection Practices Act
We help clients protect themselves from debt collection practices made illegal by the Federal Fair Debt Collection Practices Act (FDCPA). This act describes what debt collectors can and cannot do in their efforts to collect on a debt. It is a powerful tool that debtors can use to stop harassing behavior by creditors and even file counterclaims against collection agencies. Clients may be able to obtain damages for losses suffered because of illegal debt collection practices, such as lost wages and medical expenses. They can also receive a statutory award, even where no damage amount is awarded. Finally, they can be reimbursed for court costs and attorney’s fees.
Examples of some commonly prohibited practices include:
Informing someone other than you or your spouse details about your collection account(s) without prior authority from you;
Impersonating law enforcement officers, judges, or other officials;
Threatening to have you thrown in jail or arrested;
Threatening to take action against you that the debt collector doesn’t intend to take, or cannot legally take, such as repossessing your property, taking your home, garnishing your wages without having filed a lawsuit, etc.;
Yelling, using profanity, insulting you, or otherwise being abusive;
Calling you at work after you have told them not to do so;
Deceiving you into thinking you have settled the amount with them when in fact they intend to continue to try to collect on the debt; and,
Attempting to collect debts that are so old they cannot legally be collected anymore.
At Bishop Friend, P.S.C., we recognize that debt collectors often target people suffering financial hardships. Please do not hesitate to contact us because you do not believe you can afford an attorney.
If you think you are being harassed by a debt collector, call us and briefly explain the background of your debt. One of our attorneys will review your case and, if it seems that you have a potential suit against a debt collector, we will call you to set up a consultation. After the consultation, you will be informed whether the firm wants to take your case. Please note that the FDCPA only applies to debt collectors. If you are having a legal issue with an original creditor, please refer below to our section on the Kentucky Consumer Protection Act.
Kentucky Consumer Protection Act
The Kentucky Consumer Protection Act forbids any “[u]nfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce” in the Commonwealth. Unlike the FDCPA, which applies to third party debt collectors, the Kentucky Consumer Protection Act, or KYCPA, can apply to original creditors in numerous situations. Clients may be able to obtain damages for losses suffered because of the unfair, false, misleading, or deceptive practices. Clients can be reimbursed for court costs and attorney’s fees. Finally, courts have the discretion to allow punitive damages to be awarded against a defendant.
If you think you are the victim of an unfair, false, misleading, or deceptive practice, call us and briefly explain the situation. One of our attorneys will review your case and, if it seems that you have a potential suit against a debt collector, we will call you to set up a consultation. After the consultation, you will be informed whether the firm wants to take your case.