Pinnacle Law Group understands that many clients actually owe the debt that the creditor may be attempting to collect. However, Pinnacle Law Group emphasizes to all its clients that creditors and collectors have certain rules they must abide by when contacting a debtor for collection purposes. In addition, the law firm maintains that all debtors have rights. Just because someone is experiencing difficulty paying their debts does not give a collector the right to call them a deadbeat or attempt to intimidate them in any way, shape, or form. In these times of economic hardship, there has been a significant change in the type of person that needs financial assistance. People who are being harassed and abused by uncaring collectors are not irresponsible people who went into debt to purchase expensive luxury goods, but are hard working consumers who, due to unforeseen circumstances, find themselves drowning in debt. It is the belief of the law firm that its clients must be protected from unscrupulous collectors who violate state and federal collection law. For this reason, all clients of Pinnacle Law Group receive free legal representation in the event that it is determined that the collector violated FDCPA law. The law firm will provide an attorney to file suit against the collection office or creditor once the violation is proven to have taken place.
The following is a list of rules that must be followed by collectors when
attempting to collect a debt. Failure to abide by these rules and
regulations may put the collector in danger of being sued under federal, and
sometimes state, laws.
When Contacting Third Parties/Other People
- Debt collectors failing to identify themselves (only company name), or failing to state that collector is confirming or correcting locating information
- Debt collectors disclosing to third parties that debts are owed
- Contacting any person more than once, unless requested to do so by the third party
- Contacting any person after knowing you are represented by an attorney
- Calling you before 8:00am and 9:00pm, your time
- Contacting you after you are represented by an attorney (i.e. your Bankruptcy attorney)
- Calling place of employment after debt collector knows employer prohibits calls (after you say, do not call me at work”)
- Contacting you, after you, in writing, tell debt collector you are not going to pay debt, or you want collector to cease communication
Harassment or Abuse
- Debt collectors harass, oppress, or abuse any person
- Threat of Force or criminal means to harm you or your property
- Using profane language
- Calling repeatedly
- Calling you without disclosing identity (“I am a debt collector attempting to collect a debt”)
False or Misleading Representations in Communication
- Attempting to collect more than is owed
- Implying debt collector is an attorney when it is not.
- Threatening that the nonpayment will result in imprisonment, garnishment, and attachment.
- Threatening to sue you when they are not an attorney.
- Threatening to take any action debt collector doesn’t intend to take or otherwise lying.