Consumer Protection Laws
Fair Debt Collection Practices Act
What is the Fair Debt Collection Practices Act (FDCPA)?
The Fair Debt Collection Practices
Act (FDCPA) is meant
to prevent abusive practices by debt collectors. The Act helps the consumer ensure
fair debt collection. The consumer can dispute the claims of a debt collector, and
ask for validation of the alleged debt. The FDCPA lays down guidelines to show how
a debt collector may conduct his business and how he may not. It also defines a
consumer’s debt collection rights. There are penalties for violations of the Act.
What is the Fair Credit Reporting Act?
The Fair Credit Reporting Act (FCRA) regulates how a consumer’s credit information
may be collected, disseminated and used. The FCRA is one of the important Acts that
are the basis of a consumer’s rights in the matter of consumer credit. The FCRA
ensures that the consumer's rights are protected and also allows for any incorrect
or inaccurate information on her credit report to be corrected.
What is the Fair Credit Billing Act?
The Fair Credit Billing Act (FCBA) protects the consumer from unfair billing practices.
The Act also provides a way for the consumer to deal with errors in the billing
of credit accounts such as credit cards and charge card accounts.
Do the laws differ from state to state in the US?
Yes. First and foremost, the FDCPA, the FCRA and the FCBA are federal laws, meaning
they apply in every state. In addition, several states have their own laws in the
area of consumer rights and consumer protection. For example, the states of Alabama,
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska,
New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and
Washington D.C. have their own fair debt collection laws.
The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (“TCPA”) was passed in 1991 and amended in
2010 by Congress. The TCPA restricts telemarketers and other business entities,
including debt collectors, from making telephone calls through the use of automatic
dialing systems (commonly known as “robocalls”) or by leaving prerecorded or artificial
voice messages. The Act also regulates text messages and other forms of communication.
While most calls are covered by Act, a call is exempt from the TCPA if the call
is made on behalf of a tax-exempt nonprofit organization or the call is not made
for a commercial purpose. Moreover, certain other calls are exempt if either the
caller has an established business relationship with the recipient of the call or
the recipient gave prior express consent for these types of calls. To find out if
you qualify, contact Krohn & Moss, Ltd., Consumer Law Center® to determine your
rights and to find out if the calls you have received make you eligible for monetary
If you are the recipient of illegal “robocalls” or prerecorded or artificial voice
messages, you may bring a claim against the caller in either federal or state court
for violating the TCPA. Per the TCPA, you may recover damages in the amount of $500
for each illegal call made. If you can prove that the caller willfully or knowingly
violated the TCPA, you may receive treble damages up to three (3) times this amount
or up to $1,500 per illegal call. Additionally, if we take your case under the TCPA,
Krohn & Moss, Ltd., Consumer Law Center® will only get paid if you win or settle
Contact us today for a free case review to see if you qualify for relief under the
TCPA. You may contact Krohn & Moss, Ltd. Consumer Law Center® by calling our
toll free telephone number (1-800-875-3666), emailing us at
firstname.lastname@example.org , by visiting our website at www.westopdebtcollectors.com or by completing our Free Case Review Form
. We will attempt to quickly resolve your claim and won’t take a fee unless we get
you a recovery.