Prepare for an FDCPA Consultation
To help you make the most of your consultation, here are basic steps you should take before your appointment.
1. Figure out what debt collection company is harassing you, if possible. If you aren’t sure who is calling you, then see our “Guide to Finding Debt Collectors.”
2. Think about whether the company harassing you is:
- the original creditor
- a finance company
- a true “third party” debt collector, or
- a legitimate law firm
These are different types of companies, and what legal options are available to you depends on the type of company.
Original Creditors (such as banks) and Finance Companies (such as auto loan financing companies) can sometimes be sued for excessive robocalls after you have told them to stop calling. They typically are not regulated under the FDCPA, however.
Third Party Debt Collectors may be sued under the Fair Debt Collection Practices Act for a wide array of abusive or harassing behaviors, such as:
- Excessive phone calls (even if they are not true “robocalls”)
- Repeatedly contacting you at work after you have asked them not to
- Disclosing information to others (besides your spouse)
- Threatening you with arrest or imprisonment
- Threatening to send a process server to your house or place of employment
- Falsely threatening to sue you (but if they actually do intend to sue you, this is not a violation)
- Adding fees or hidden charges to your debt
- Charging you amounts that you do not owe or did not agree to pay
- Failing to disclose their identity
- Falsely claiming to be law firms
Legitimate Law Firms may often be sued for the following:
- Failing to properly keep track of interest on your account
- Misstating your current balance or misinforming you about the law
- Contacting you directly when you already have a lawyer representing you
- Knowingly sending a process server to an address where you do not live, causing others to learn about your debt
3. Forward any voicemails or phone records that you have saved to us for review. Court cases work better when you have some sort of hard evidence that a violation has occurred—and screenshots of calls showing dates and times, phone records, or saved voicemails work great for that.
We look forward to your free consultation with our firm.