Fight against abuse of debt collectors statewide

When a collection agency steps over the line, the law most often used to combat the problem is the federal Fair Debt Collection Practices Act FDCPA lists the behaviors that are unacceptable - practices like calling late at night or early in the morning, harassing consumers in their workplace, and threatening people with arrest. The law is good because it gives consumers who have beenvictims of abusive debt collectors and a remedy. According to the FDCPA, the consumer is entitled to a maximum of $ 1,000 in damages and legal costs if the court finds that the collection agency has violated the law.

Often, however, people are curious about state laws and how states regulate the practices of debt collection. The truth is that most states have laws on debt collection fair, but generally are based inthe FDCPA to regulate debt collectors. Some states (like California and Texas) have different laws that in many ways reflects the federal law, but it can provide consumers with an independent cause of action under state law. This means that if you are harassed by debt collectors, your attorney can use both state and federal laws to bring them to justice.

In most cases, however, state regulation of debt collection agencies are limited to licensing laws. InIn other words, companies need a constitutional state agencies debt collection, for example, is recorded in the state for the bonds, or otherwise comply with business practices. In the last year or so Some attorneys general have really stepped to the plate, using the laws of the state at their disposal to stop the unfair practices of debt collection.

Two attorneys general have been persecuted in the implementation of unscrupulous collectorsthe city. New York Attorney General (now Governor), Andrew Cuomo, has made it his mission to end the abuses of collector, and close to many agencies operating in Buffalo, New York, area. Similarly, West Virginia, Attorney General Darrell McGraw has used the state requirements for the activity of the crackdown on granting debt buyers and others who engage in offensive practices. Has reached agreements with several collection agencies that have agreed to pay fines -and sometimes even cancel the debts of "money" to consumers for consumers or refund.

Other attorneys general seem to take note of, and are starting to put the screws to the bailiffs to take advantage of consumers. Pennsylvania Attorney General Tom Corbett, for example, sought a court order against a debt collection agency, which has established an office to look like a court and the court used false documents to persuade consumers to provide the information financial.And the Texas Attorney General Greg Abbott obtained a restraining order against a collector of payday loans has sent letters to consumers with forged signatures of officials of the seals of state and county and state false .

Thus, although most of the time, consumers can use state laws to sue debt collectors, attorneys general are increasingly aware that collection agencies often engage in unfair practices, and are determined to use the laws at their disposal to eradicatebad players.