The Fair Debt Collection Practices Act and filing a lawsuit

For people in Minnesota who are confronted with overwhelming debt, trying to catch up while simultaneously dodging calls from debt collectors can be difficult. There is often no respite from aggressive debt collection practices. Some of these attempts at collection cross the line from following the rules to breaking them by violating the Fair Debt Collection Practices Act. There are a few circumstances in which it is possible to move forward with a lawsuit due to questionable practices by debt collectors.

Many consumers are unaware that there are time restrictions for debt collectors to call. They are not allowed to call prior to 8 a.m. or after 9 p.m. Another instance in which a case can be filed is when they call at other inconvenient times. The consumer might have informed the debt collector not to call at a specific time. It does not matter why that time is inconvenient, only that the collector has been told not to make contact.

An issue that often arises is when the consumer debt is discussed with a third party. For example, if the collector calls a family member and says that the call is about the debtor owing money, this too is a violation of the FDCPA. They are allowed to call and ask to speak to the debtor, but not divulge details.

Those who have retained an attorney to help with debt relief and to formulate a solution to the overwhelming obligations can have grounds for a lawsuit if the collectors continue calling once they are made aware that the debtor has obtained legal representation. Those who have been the victims of these or other unlawful practices may wish to speak with legal counsel about the possibilities of obtaining recourse.

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