Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
If you could get the collection agency to stop harassing you, would you choose to avoid bankruptcy?
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Yes, I would rather not file for bankruptcy but my financial situation is very precarious right now. I have had some unexpected changes which has caused some issues. From the method of collection that they have practiced it seems that there will be no further patience tolerated.
I see. Thank you for clarifying the situation for me, Danielle.Pursuant to the Fair Debt Collection Practices Act (FDCPA), you would typically be entitled to stop the collection agency from contacting you as well as contacting others with regard to this debt if you provide them with a notice in writing. I would send the notice by certified mail so you have proof that they received the notice.If they continue to engage in such behavior, you can file reports against them with the local BBB and the FTC, or retain a local attorney to communicate a demand to them or a lawsuit will be filed. If they realize you are serious about pursuing legal action, that may motivate them to comply with the law.Here is a link which summarizes your rights under the FDCPA:http://www.consumer.ftc.gov/articles/0149-debt-collection
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Does the FDCPA protect businesses as well? I was under the impression they do not.
Thank you so much,