DEBT COLLECTION ABUSE

Debt collection abuse is a significant concern for consumers in Alabama, as well as across the United States. The aggressive tactics used by some debt collectors can create immense stress and financial strain on borrowers. Recognizing the different forms of debt collection abuse, understanding the laws in place, and knowing the recourse options available are essential for borrowers to protect their rights.

Different Forms of Debt Collection Abuse

• Harassment: This includes excessive phone calls, calling at odd hours, using offensive language, or making threats.

• Misrepresentation: Debt collectors may sometimes misrepresent the amount owed, falsely represent themselves as attorneys or government representatives, or make false threats of legal action.

• Third-party Disclosure: It is considered abuse if debt collectors discuss your debt with family members, neighbors, or your employer without your permission.

• Ignoring Cease Communication Requests: If a debtor requests in writing that the debt collector ceases communication, and the collector continues to communicate, this is considered abuse.

• Contacting at Workplace: If you have informed the debt collector that your employer prohibits such communications, and they continue to contact you at your workplace, this is considered a form of abuse.

• Ignoring Debt Validation Requests: If you dispute the debt and request validation, and the debt collector fails to provide it but continues collection efforts, this is considered abuse.

Laws and Regulations Protecting Borrowers

• Fair Debt Collection Practices Act (FDCPA): This is a federal law that sets standards for how debt collectors can act. While it doesn’t erase the legitimate debts consumers owe, it prohibits debt collectors from using abusive, unfair, or deceptive practices.

• Alabama State Laws: Alabama doesn't have a separate state-specific debt collection law, so borrowers in Alabama are primarily protected by the FDCPA.

• Telephone Consumer Protection Act (TCPA): This federal law protects consumers from unsolicited calls, text messages, and faxes. Debt collectors who use automated systems to call or text your mobile phone without permission may be violating the TCPA.

• Fair Credit Reporting Act (FCRA): This federal law ensures the accuracy, fairness, and privacy of the information in consumer credit reporting files. It also gives consumers the right to view their credit reports and dispute any inaccurate information.

Recourse for Borrowers

• Document the Abuse: Keep a detailed log of each interaction with the debt collector, including date, time, and summary of the conversation. Save all voicemails, letters, and other communication.

• Send a Cease Communication Letter: If you want the debt collector to stop contacting you, send a letter by certified mail with return receipt requested, asking them to cease all communication.

• Request Debt Validation: Within five days of their initial communication, debt collectors are required to send you a written notice detailing the amount of the debt, the name of the creditor, and your right to dispute the debt. If you dispute the debt or want to know more about it, send a debt validation letter within 30 days of receiving the notice.

• File a Complaint: If a debt collector violates the FDCPA or any other law mentioned, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Alabama Attorney General’s Office.

• Sue the Debt Collector: The FDCPA allows consumers to sue debt collectors in federal or state court for violations. You can recover damages for any distress suffered, and also potentially recover statutory damages, attorney's fees, and court costs.

• Seek Legal Counsel: Contact an attorney with experience in consumer protection laws. Legal counsel can help you understand your rights, guide you through the process, and represent you if you decide to sue the debt collector.

Debt collection abuse can be a tormenting experience for anyone. Alabama residents, like others across the country, need to be vigilant in understanding and exercising their rights under the FDCPA and other relevant laws. Through documentation, communication, and legal assistance, borrowers can fight back against debt collection abuse and protect their rights and well-being.

Snable Stevenson & Silva Can Help You to Recover

Snable Stevenson & Silva can be a valuable ally for clients who are facing aggressive and unlawful practices by debt collectors. Utilizing our legal acumen and in-depth understanding of consumer protection laws, our firm can assist clients through the following measures:

Initial Evaluation and Consultation

Snable Stevenson & Silva starts by offering an initial consultation to understand the client's situation. The attorneys will evaluate the nature of the communication and actions taken by the debt collector to ascertain whether any laws such as the Fair Debt Collection Practices Act (FDCPA) have been violated.

Education and Empowerment

The law firm educates clients on their rights under federal and state laws. By understanding what constitutes debt collection abuse and what rights they have, clients are empowered to take necessary actions against abusive debt collectors. 

Gathering Evidence

Attorneys at Snable Stevenson & Silva will guide clients in systematically gathering evidence. This includes recording the details of phone calls, saving voicemails, and collecting any written communication. Proper documentation is critical in building a solid case against the debt collector.

Cease and Desist Notice

The law firm can craft a legally sound 'Cease and Desist' letter to the debt collector. This letter will demand that the collector stop all communications with the client. The legal backing of the firm makes it more likely that the debt collector will comply.

Debt Validation

Snable Stevenson & Silva can help clients request debt validation. It’s vital to confirm that the debt is legitimate and that the amount claimed is accurate. The firm ensures that the validation request is sent within the proper time frame and in accordance with legal requirements.

Negotiating with Debt Collectors

If the debt is valid but the collection methods have been abusive, the attorneys can negotiate on behalf of the client for better repayment terms. Their negotiation skills and knowledge of the law can often result in more favorable conditions for the client.

Legal Representation

In cases where debt collection abuse is severe or if the debt collector continues to engage in unlawful practices despite warnings, legal action may be necessary. Snable Stevenson & Silva can file a lawsuit on behalf of the client and represent them in court. This is often an intricate process that requires legal expertise to navigate successfully.

Claiming Damages

If a debt collector violates the FDCPA or similar laws, clients may be entitled to damages. Our law firm can assist in not only stopping the abuse but, also recovering damages for any emotional distress, loss of wages, or legal fees incurred due to the abuse.

Credit Repair Assistance

Debt collection abuse can sometimes negatively affect a client's credit report. The firm can assist clients in disputing inaccuracies and helping to repair credit where the abuse has led to credit reporting errors.

Snable Stevenson & Silva employs a comprehensive approach to assisting clients facing debt collection abuse. From the initial consultation through evidence gathering, negotiation, and legal representation, our firm acts as a staunch advocate for consumer rights. Through our legal services, clients can not only put an end to the abuse but, also work towards recovering from the financial and emotional damage that such abuse can cause.

Contact our Birmingham, Alabama Consumer Advocacy Lawyers Today for Legal Help

Are you or your family being harassed by a debt collector? Contact Snable Stevenson & Silva for immediate legal assistance and advice. You might be eligible for compensation or possibly some form of debt relief. Our qualified Alabama consumer advocacy lawyers can help you determine the best course of legal action and help to get you on a path to financial recovery.

We offer a free case evaluation and consultation. Contact our consumer advocacy law office in Birmingham, Alabama to schedule yours today. There’s often a limited amount of time to act, so give us a call to get started today.