Fair Debt Collections Practices Act (FDCPA)
You Don’t Have To Put Up With Landlord Harassment
Almost everyone experiences financial turmoil at some point, but no one should ever endure unethical collection practices or unlawful abuse by debt collectors. There are laws in place to protect honest consumers from predatory creditors and debt collectors.
The Fair Debt Collection Practices Act (FDCPA) was passed by congress in 1977 to protect innocent people, like you, from abuse through unfair landlord collection practices. Regardless of the debt you allegedly owe, it is always illegal for a landlord to use abusive, unfair, or deceptive practices to collect debts.
FDCPA legal representation is completely free regardless of whether you win or lose your case. The burden of payment to the attorney will fall on the landlord if they are found guilty of a violation.
Know Your Rights When It Comes To Debt Collection
Below are collection practices prohibited by the Federal Trade Commission. If you feel a debt collector has violated any of these rules, you may be entitled to damages.
What Is A Violation Of The FDCPA By A Landlord?
A debt collector cannot use the threat of violence or other criminal means to harm you, your reputation, or your property. They cannot use obscene or profane language. They cannot call you repeatedly, especially with the intent to annoy, abuse, or harass you.
Can The Landlord Contact Me Anytime Or Any Place?
A landlord cannot call you at times they know are inconvenient to you, or after 8 P.M. and before 9 A.M.
Can The Landlord Call My Place Of Employment?
If a landlord contacts you at work, he or she cannot say that they are calling on behalf of a debt. Any notification of your debt at work is an FDCPA violation.
The Landlord Makes False Or Misleading Statements About Your Debt
A landlord cannot mischaracterize the character, amount, or legal status of any debt. They cannot try to collect a debt which has already been paid.
Can The Landlord Threaten to Garnish Wages, Seize The Property Or Take Me To Court?
A landlord cannot threaten you with wage garnishment or threaten to seize your property without a court order to do so. They also cannot threaten you with a lawsuit unless they intend to bring you to court. Lastly, they cannot imply that you committed a crime or threaten to report you to law enforcement.
Can The Landlord Reveal Themselves As A Landlord To Anyone Other Than The Debtor?
A landlord cannot call a family member, your work, or any person besides a spouse or your lawyer and reveal your debt or sensitive information. Revealing sensitive information to an uninvolved third party is a violation of FDCPA.
When Should I Contact An Attorney
If you feel a landlord may be using unethical or illegal practices in order to collect a debt, you should set up a free consultation. Korte & Associates has experienced attorneys who have worked on multiple illegal eviction cases as well as Fair Debt Collections Practices Act (FDCPA) cases.