Consumer Law Lawyer in Memphis

Understanding the Fair Debt Collection Practices Act

Donati Law, PLLC represents individual consumers and classes of consumers in a variety of claims for fraudulent, deceptive, and misleading practices by businesses and corporations. Two areas of particular focus for our firm are the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. The Fair Debt Collection Practices Act ("FDCPA") protects consumers from harassment, degrading communications, and fraudulent statements by debt collectors.

The FCPA ensures the accuracy and privacy of information in consumer credit reports. The Act imposes certain duties on Consumer Reporting Agencies (i.e., Experian, Equifax, and TransUnion), including the duty to investigate any disputed items on your credit report as well as removing or correcting those items when necessary. The Agencies' exercise of these duties can be critical to your ability to obtain loans, lines of credit, and even employment.

For reliable legal counsel, call (901) 209-5500 as soon as possible.

Harassment from Creditors

Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

A few common examples of harassment include:

  • Repeatedly calling you
  • Threatening you with violence or criminal prosecution
  • Demeaning language
  • Obscene or profane language
  • Threatening to publish or actually publishing your name on a "blacklist" of debtors
  • Calling you before 8:00 a.m. or after 9 p.m.

False Statements

Debt collectors may not lie or mislead you in attempting to collect debt.

A few common examples of false statements include:

  • Threatening legal action such as garnishment or seizing property or assets when they have no legal right to take such action
  • Threatening legal action without an intent to actually file such an action (i.e., threaten to file a lawsuit and then not following through on the threat)
  • Misrepresenting the amount of money owed
  • Claiming that the debt collector is someone he or she is not
  • Claiming to be an attorney or legal representative

These actions are illegal, and we can assist you in stopping these types of unfair, deceptive, and harassing communications.

Need More Information? Contact Donati Law, PLLC Today.

If you have issues with inaccurate information on your credit report, turn to our Memphis consumer law lawyers for assistance. We will take care of all the details associated with your case and guide you through the entire process.

If you would like more information about how we can assist you, please call us today.