Class Action America is committed to providing YOU with the information and access you need to find out if you are eligible to claim your share of billions of dollars distributed yearly through thousands of class action lawsuits.
"Hello Amy?" Uh oh --- You know the collection harassment is about to begin when debt collectors start calling you by your first name. Darn credit companies.
Maybe it's some sort of psychological ploy to get you feeling comfortable before they threaten to attach your wages. Or maybe it's a sign of disrespect - not using your last name even though it's a 'business call'. Or maybe it's just what gets 'em past the phone-answering gatekeeper.
Who knows ... one thing's for sure though, creditors are only nice until they get you on the phone - then it's all out warfare. A hundred questions about your personal life, and your partner's too, if they think they can get away with it.
They like to sound ominous about what may happen if you don't make arrangements with them and many of them have a way of sounding threatening without being specific.
Fair Debt Collection Practices Act
Debt collectors can't actually be specific in their threats because there's a limit to the degree and ways they can legally pursue the debt that you owe. The Fair Debt Collection Practices Act, which was first passed in 1977 to protect consumers from abusive debt collectors, lays out clear guidelines that they must follow while they're attempting to collect a debt.
You may want to get familiar with the original text of the Fair Debt Collection Practices Act. There are a whole lot of things that debt collectors routinely do that could be considered for a class action lawsuit, but because of the nature of the initial contact, many people are reluctant to "air their dirty laundry" just to make the collection agencies respect their rights.
From a brochure intended for consumers put out by the Federal Trade Commission, here's just a peek at some of the stuff that debt collectors are legally prohibited from doing:
* They're not allowed to harass you or anyone that you know
* They can't imply that they're lawyers or that they represent the government in any way
* They can't falsely suggest that you have committed a crime or tell you that you will be arrested if you don't pay up
* They can't say that they're from the credit bureau
* They can't tell you owe a different amount than you actually do
* They can't threaten that they will attach your wages, put liens on your property or come take your stuff unless they intend to do it and it is within their legal right.
* They can't suggest that actions (like lawsuits) are pending or imminent unless they are or are intending to move forward in that way
* They're not allowed to send you anything that appears to be an official document from a court or government office if it isn't
And the list goes on ...
Basically, credit collection agencies aren't supposed to be out there doing a lot of the things that they are doing. Everyone knows it. And because the citizens who are being unfairly treated tend to have more to worry about than some creditor who's calling and looking for money that they haven't got, the debt collectors get away with their illegal behavior.
The only way to really stop them, and put them on point, is to hit them where it hurts - their bottom line - their wallets.
Chances are that if they're treating you this way, they're also treating the other 200 calls they make in a given day the same way. And while an individual lawsuit is unlikely - we already know the 'injured party' is dead broke - the only real remedy then is a class action lawsuit.
Don't let them get away with treating you like dirt just because you've gotten a little behind. Explore your class action lawsuit options and put them back in their place where they belong.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Debt Collectors Have A Problem - Find Out How To Benefit With Fast Debt Relief
- Negotiation With Debt Collectors - Do it and Save Thousands
- Understanding the Human Side of a Debt Collector May Help You Deal With One (part 2)
- What You Should Do With Debt Collectors
- How You Can Deal With Debt Collectors
- Understanding the Human Side of a Debt Collector May Help You Deal With One (part One)
- How to Handle Debt Collectors
- Debt Collectors? Learn To Give Them The Slip - Legally




Attorney FAQ
By: lawfaq | 21/12/2009Why do attorney's where suits to court? What's wrong with wearing blue jeans, togas, sweats, etc. . . ? What does an attorney's wardrobe have to do with the case? Because wearing a suit reinforces that there is a right and wrong in society. Of course this is an illusion propogated by those in power. But, most attorney's have.
Legal Q&A
By: lawfaq | 21/12/2009Need legal jargon for a contractor that may break contract early? I'm writing a contract for a Contractor. The contractor is being paid a royalty percentage of the sales of the finished product. I need to write something that says the equivalent of : 'If the contractor leaves the project early, in other words, they bail before they have.
New Law FAQ
By: lawfaq | 21/12/2009If you could invent one new law for your country what would it be? In the US. I'd eliminate marriage as a legal status. If states wanted to grant legal benefits to couples, they can get a civil union. Marriage becomes purely a religious concept. And no discrimination for civil unions based on race, gender, religion, or anything.
Law school Q&A
By: lawfaq | 21/12/2009Would a misdemeanor keep you from being accepted into law school? My friend got an MIP and was charged with having a fake ID - he lives in Mississippi. He was planning on going to law school, how will this affect his chances? Having a misdemeanor itself would probably not be an automatic rejection. BUT, depending on how recently.
UK work permits – HSMP changes
By: thomas | 20/12/2009If you require a UK work permit, then it is the Home Office Border and Immigration Agency who deal with these permits. The process of a UK work permit can take as little as one to two weeks to deal with, but in more complicated cases, it may take a little longer.
What to do if Involved in a Motor Vehicle and Pedestrian Accident
By: Chuck Matthews | 20/12/2009If you were injured in the accident you will have been attended to by medical staff and the issue of who is going to pay the bills arises, and that issue is most likely going to be settled in a court of law. Whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court, you will need to get an attorney who specializes in the type of motor vehicle accident particular to your case.
Prenuptial Agreements and Advantages
By: james kahn | 20/12/2009Avoid Litigation Costs – prenuptial agreements can be rids of certain litigation costs that associated with contending the will of deceased spouses.
Consumer Protection and the Role of Class Action Lawsuits
By: B Baker | 06/12/2007 | LawConsumer protection laws exist to protect regular folks just like you and me. They're there to give consumers a way to remedy situations where there has been an outright scam, advertising that is misleading (or a flat out lie), bad service, failure of a service company to fulfill a contract and the likes.
12 Steps of a Class Action Lawsuit
By: B Baker | 03/12/2007 | LawThousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.