When you are contacted by a debt collector, it can place a considerable weight on your shoulders. However, when this contact turns to harassment, understanding your rights is critical. You may be able to file a Fair Debt Collection Practices Act (FDCPA) claim. However, you may wonder if you can still pursue a claim if you do not first dispute the debt in question. If you believe your rights under the FDCPA have been violated and aren’t sure how to proceed, you’ll want to keep reading. The following blog explores what you should know about these difficult matters and how a San Diego County debt collection harassment lawyer can help you fight for the justice you deserve during these times.
What Is an FDCPA Claim?
The FDCPA is a federal act that helps protect consumers from unfair and harassing behavior from debt collectors It’s important to understand that these laws generally only apply to third-party debt collectors. However, California has adopted laws that make it illegal for the original creditor to engage in this abusive behavior as well.
When you owe a debt, the third-party agency will likely do everything in its power to recover the compensation they are entitled to. This includes engaging in several harassing and deceptive actions, including, but not limited to, the following:
- Calling repeatedly in a short period
- Calling outside of permitted hours (before 8 a.m. and after 9 p.m.)
- Using vulgar or threatening language
- Pretending to be another person (like an attorney or member of law enforcement)
- Failing to identify themselves
- Misrepresenting the debt, such as lying about the amount owed
- Failing to provide debt verification when request
- Threatening to sue you if they have no intention of doing so
If you have endured any of these behaviors from a debt collector, it’s important to understand that you should document these actions and connect with an experienced attorney as soon as possible to hold them accountable for the violations.
Do I Need to Dispute the Debt Before Filing?
First and foremost, it’s important to understand that disputing a debt and filing an FDCPA claim are two actions independent of one another. As such, you do not need to dispute a debt before moving forward with a claim.
You may wish to dispute the debt and then file the claim, as it can help prevent harassing and disruptive collection measures during the debt verification process. However, if you do not wish to dispute the debt, you can still pursue a claim. This is because you can still pursue an FDCPA claim against a collector for whom you owe a legitimate debt.
If you’re contacted by a debt collector in any capacity, you generally have thirty days to formally dispute the debt if you choose to do so. If you do not and you pursue a claim against the collector for FDCPA violations, they may try to claim that since you did not dispute the debt it relinquished your right to pursue justice, which is far from the truth as courts have found that the FDCPA does not require filing a dispute as a prerequisite to pursuing a claim.
Unfortunately, debt collectors will often take any means necessary to collect the money they believe they are owed, even if it means harassing consumers and violating the law. If you’ve been impacted by a debt collector’s FDCPA violations, it’s in your best interest to connect with an experienced attorney as soon as possible. At Barthel Legal, we understand how frustrating it can be to endure abuse at the hands of a debt collector. When you need help, our firm is here. Contact us today to learn how we can fight for you.
