Collection Harassment

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(Not including debt eliminated by bankruptcy filings)

In Tennessee, and across the entire nation for that matter, Third Party Debt Collectors must obey Federal Law when collecting Consumer Debts.  First, it is important to define some terms.

  1. What is a consumer debt? A consumer debt is a debt obtained for personal, family, or household purposes.
  2. A Third-Party Debt Collector is a debt collector who obtains a debt after default from an original creditor and is attempting to collect that debt.

When you have a Third-Party Debt Collector who is collecting a Consumer Debt, they are barred from doing certain things like:

  1. Contacting a consumer for the purposes of collecting a consumer debt with knowledge that the consumer is represented by counsel.
  2. Engaging in Harassment or Abuse
  3. Engaging in False or Misleading Representations.
  4. Engaging in Unfair Collection Practices.

If a Third-Party Debt Collector is engaging in these types of collection practices, they could be in violation of the Federal Fair Debt Collections Practices Act and could be liable for statutory damages, actual damages, attorney fees and costs.

If you are experiencing these kinds of collection practices, you should have counsel and assert your rights.  Fitzgerald & Campbell, APLC has vast experience asserting Federal Fair Debt Collections Practices Act claims against Third Party Debt Collectors.  Contact our office right away if you are experiencing these types of collection practices because the window to assert these claims is only one year so you must act fast.

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