As a debtor you have rights.
You are protected by both state and federal law. If a collection company violates any state or federal law, you can receive at a minimum $1,000 per violation.
Arizona’s fair debt collection practices act as well as Federal law protects your rights as a consumer debtor. They are:
- The Fair Debt Collection Practices Act, (“FDCPA”) which describes the manner in which collection companies may collect debt,
- The Consumer Financial Protection Bureau is a government organization that protects the debtor.
Under the laws, a collection company must NOT do any of the following.
- Misrepresent the law to you.
- Send you written material that imitates legal documents, such as civil or criminal complaints.
- Make threats of legal proceedings.
- Continue to contact you once they know a lawyer is representing you.
- Contact you after receiving your written request to stop.
- Use unauthorized or oppressive tactics designed to harass you to pay.
- Use language to ridicule, disgrace, or humiliate you.
- Tell you that you are guilty of a crime.
- Allow its agents to use obscene or abusive language to coerce you to pay.
- Contact a third party and inform them of your debt.
If a collection company is pursuing you with any of the above tactics, you may have a claim that includes a waiver of your debt, payment by the collection company of a statutory fine of $1,000, and payment of the attorneys’ fees and court costs. Please call me at (480) 580-5025 to discuss a claim against the collection companies. As a debtor’s attorney, I will provide services necessary to pursue a collection company just as vigorously as it pursued you.