Fair Debt Collection Procedures Act Claims Georgia
Bill Collectors Atlanta
Abusive Debt Collection Georgia
Fair Debt Collection Claims Against Abusive Bill Collectors
Atlanta area bill collectors must comply with regulations set out in a federal law called the Fair Debt Collection Practices Act (FDCPA). In my Atlanta bankruptcy practice, I often hear stories from potential clients about activities by debt collectors that clearly violate Fair Debt Collection laws. If we eventually file a bankruptcy, we can pursue an FDCPA claim in the Northern District of Georgia bankruptcy court against an unscrupulous debt collector and win damages for our bankruptcy clients.
The FDCPA generally applies to bill collectors as opposed to the actual creditor. If, for example, you have a credit card issued by Georgia Bank & Trust and you owe $5,000, a Georgia Bank & Trust employee can call you to demand payment and not be subject to the FDCPA.
If, however, Georgia Bank & Trust turns your account over to Atlanta Metro Collection Agency, the collection agency would be subject to FDCPA regulations.
FDCPA Rules & Regulations
The FDCPA prohibits “abusive and deceptive” bill collection conduct, including:
- contacting consumers by telephone before 8:00 AM or after 9:00 PM
- contacting a consumer to collect a debt after the consumer has sent the bill collector written notice requesting that the bill collector stop all contact
- contacting a consumer at his place of employment after the consumer has advised the bill collector not to do so
- threatening consumers with arrest, or legal action not actually contemplated
- using abusive or profane language to collect the debt
- revealing the debt collection efforts to third parties (other than a spouse or attorney)
- reporting false information on a credit report
Note that these prohibitions are examples of improper actions by bill collectors - the FDCPA contains many more categories of prohibited conduct.
Evidence to Support Your FDCPA Lawsuit
in Atlanta Area Federal Courts
Often the biggest hurdle in pursuing FDCPA claims relates to evidence. Here’s how you can help me evaluate your claim and, if we decide to proceed with an FDCPA claim, prepare for trial:
- save all correspondence from bill collectors - sometimes the actual wording or font size on collection letters violates the FDCPA
- keep a phone log - note the time of phone calls and what was said.
- keep all answering machine messages from bill collectors
- record conversations with bill collectors - in Georgia you are allowed to record your own conversation with a third party and you do not have to give notice of the recording. You can buy an inexpensive telephone recording device at Radio Shack or a personal call logger at Hello Direct (search under “personal call logger). Or you can find recording devices from various on-line retailers (search the Internet for terms like “telephone recorders” or “record a phone conversation,” or “personal call logger.”
Letters and other correspondence and audio recordings of bill collector phone calls are the best evidence for a FDCPA case here in Atlanta.
If you think you have a FDCPA case please call me at 770-393-4985 or email me for a case evaluation.
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