The Debt Collection Industry

San Jose Debt Collection Lawyer

For the ninth year in a row the debt collection industry received the highest number of complaints made to the Federal Trade Commission. Debt collectors are governed by the federal Fair Debt Collection Practices Act, as well as some state laws (such as California's Fair Debt Collection Practices Act). The FDCPA prohibits debt collectors from using abuse or harassment; using false deceptive or misleading statements; engaging in unfair and unconscionable acts, etc.

Despite these prohibitions some debt collectors continue to violate the law.

Part of the problem is that debt collectors have no relationship with the consumer that they are concerned about maintaining; so they don't care if they offend you. These third party collection agencies attempt to collect past-due accounts that have been referred or sold to them by the original creditors. This includes credit card companies like Bank of America, Chase, Wells Fargo, MBNA, etc., department stores like Sears, JCPenney, car dealers like Toyota, Honda, GM, Ford, health care providers, and others.

Today's debt collectors use sophisticated telephone equipment and "skip tracing" tools to track down and call the debtor. However, under the FDCPA, and related laws, debt collectors are not allowed to make repeated or continuous calls, fail to meaningfully identify themselves, call back after a hang up, or use automated dialing systems and/or pre-recorded voice message (also known as robo dialing).

Of course as explained elsewhere on this site, debt collectors are also not supposed to call your relatives, neighbors or co-workers (with very limited exceptions); make false threats of arrest or criminal prosecution; make any false statements in an attempt to collect a debt; or engage in any unfair or unconscionable conduct in an attempt to collect a debt.

Our law firm is dedicated to protecting consumers from abusive and harassing debt collectors. We can show you how to STOP collection harassment, and help you learn more about your rights.

Debt Collection Attorney in San Jose