In these challenging economic times, our office also handles cases against debt collection agencies that engage in harassive and unlawful conduct against individual consumers.   We litigate cases under both federal and state laws. 

The Federal Fair Debt Collection Practices Act (15 USC §§ 1692-1692o; "Federal FDCPA") is the primary federal legislation dealing with unfair and deceptive consumer debt collection practices.

What are collections agencies prohibited from doing?

 •1. Contact a third party about your debt for any purpose other than to locate you. Debt collectors can only communicate with the following people regarding collection of a debt: The consumers, The consumers attorney, The creditor and his or her attorney , The debit collectors attorney

•2. State the debt collection company's name to a 3rd party without being expressly asked.

•3. Disclose to a third party a debt is allegedly owed.

•4. Communicate with a single third party more than once.

•5. Communicate or or attempt to communicate with you at inconvenient times or places.

•6. Contact you at work after being told not to.

•7. Communicate with you after receiving a letter from you (a) with a request they cease and desist all contacts or (b) that you refuse to pay the debt.

•8. Engage in harassing, oppressive or abusive conduct.

•9. Use or threaten violence or other criminal means, or use obscene or profane language.

•10. Cause your telephone to ring repeatedly or continuously.

•11. Use false, deceptive, or misleading representations or methods, including but not limited to (a) falsely representing it is affiliated with the United States or any State; (b) falsely representing the character, amount, or legal status of the debt; (c) falsely representing or implying that nonpayment would result in arrest or imprisonment or the seizure, garnishment, attachment, or sale of property or wages; (d) threatening to take an action against that cannot be legally taken or that was not actually intended to be taken; (e) falsely representing or implying that you committed a crime; or (f) communicating or threatening to communicate false or likely false credit information.

•12. Use unfair or unconscionable means in an attempt to collect a debt, including but not limited to: (a) trying to collect an amount not expressly authorized by the debt agreement/contract or other applicable law; (b) threatening to or actually depositing a postdated check prior to the date on such check; or (c) taking or threatening to take money or property where there was no present right.

•13. Continue to contact you after receiving your cease and desist or request for validation letter.

•14. Force you to pay the debt prior to expiration of your 30 day right to dispute.

•15. Sue you except in the county you signed the contract, you live or own property that is the subject of the debt.

•16. Falsely represent themselves as attorneys.

•17. A debt collector may not "continuously" or "repeatedly" telephone any persons (or allow a telephone to ring repeatedly ) with the intent to annoy , harass or abuse

•18. Additionally, a debt collector placing telephone calls must make a "meaningful disclosure" of his or her identity.

ALSO, A debt collector MUST (despite what they say on the telephone):

•1. Provide the notices required by 15 USC § 1692g either in the initial communication with you or in writing within 5 days after.

•2. Notify you in the initial communication that it is "an attempt to collect a debt and any information obtained would be used for that purpose."

•3. Notify you during each collection contact that the communication was from a debt collector.

•4. Disclose the caller's individual identity in every telephone call to you.

OUR NEWEST HOLISTIC PRODUCT OFFERED:

          1 hour consultation & review of credit report

           Dispute letters sent to your creditors and credit report agencies

          2 Support Group Sessions offered w/ RAIN Sound, LLC.

          Your Personal Focus CD & Consultation w/ RAIN Sound, LLC

          Contact us at ymya@revelationlaw.com to purchase this package.

HELPFUL LINKS FOR SELF-EDUCATION:

Video on Consumer Rights: This is a helpful video on consumer rights by Bureau of Consumer Protection Director Eileen Harrington.

National Consumer Law Center: This is a nonprofit advocacy organization that seeks to build economic security and family wealth for low-income and other economically disadvantaged Americans.

Equal Credit Opportunity Act: This law makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant's income derives from a public assistance program

Consumer Credit Protection Act: This law makes it unlawful for employees to be fired by their employers because their wages have been garnished in any one week.

Truth In Lending Act: This law is designed to protect Consumers in credit by requiring clear key terms of the lending arrangement and all costs. 

Fair Credit Reporting Act: This law, which you can read here, regulates the collection, dissemination, and use of consumer information, including consumer credit information.  You may dispute errors in your credit report and the Federal Trade Commission has detailed steps on how to do this. 



Disclaimer:

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.Please note that the attorneys of this office are licensed to practice law in the State of California only. We cannot give advice about legal matters in any other state but can assist you in locating suitable local counsel.