Driving a Lemon?

Understanding the Fair Debt Collection Practices Act (FDCPA):

Know Your Rights and How an Attorney Can Help

If you’re being harassed by debt collectors, you’re not alone—and you’re not without protection. The Fair Debt Collection Practices Act (FDCPA) is a powerful federal law that protects consumers from abusive, deceptive, and unfair debt collection practices.

At Ginsburg Law Group, PC, we help consumers understand and enforce their rights under the FDCPA. If debt collectors are crossing the line, we can help you fight back—and you may be entitled to compensation.

📚 What Is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA is a federal law passed in 1977 to protect consumers from harassment, abuse, and deception by third-party debt collectors. It applies to:

• Debt collection agencies

• Collection law firms

• Companies that purchase and collect defaulted debt

The law does not apply to original creditors (like your bank or credit card company), but many states have similar laws that do.

The FDCPA covers personal, family, and household debts, such as:

• Credit card debt

• Medical bills

• Auto loans

• Personal loans

• Student loans in default

⚖️ Your Rights Under the FDCPA

The FDCPA gives you specific rights and protections. Under the law, debt collectors:

❌ CANNOT:

• Call you before 8 a.m. or after 9 p.m.

• Contact you at work if you’ve asked them not to

• Call repeatedly or use abusive language

• Threaten violence, arrest, or lawsuits they don’t intend to file

• Lie about the amount you owe or who they are

• Contact third parties (other than your spouse or attorney) about your debt

• Fail to honor a written request to stop contacting you

✅ MUST:

• Identify themselves as debt collectors

• Provide a written validation notice within 5 days of first contact

• Stop collection efforts if you dispute the debt within 30 days

• Notify you before resuming collection after a dispute

• Honor a request for no further communication

Learn More About Your Rights: FAIR DEBT COLLECTION PRACTIES ACT.

👨‍⚖️ How an Attorney Can Help You Under the FDCPA

At Ginsburg Law Group, PC, we advocate for consumers who are being harassed or misled by debt collectors. Here’s how we help:

✅ Investigate and Document Violations

We review phone calls, letters, voicemails, and texts to determine if collectors violated your rights. Even a single violation may entitle you to compensation.

✅ Send a Cease and Desist Letter

If you’re being harassed, we can send a formal notice demanding the collector stop all communication. Once they receive this, they may only contact you to say they are ceasing collection—or taking specific legal action.

✅ Dispute the Debt

If the debt is not valid, not yours, or inflated, we help file a written dispute and require the collector to verify the amount and origin of the debt.

✅ Sue for FDCPA Violations

If your rights were violated, we can file a lawsuit seeking:

• Up to $1,000 in statutory damages

• Compensation for emotional distress, lost wages, or other harm

• Attorneys’ fees and costs—you pay nothing out of pocket

🛠️ The FDCPA Legal Process: What to Expect

If we determine you have a valid claim under the FDCPA, here’s how the legal process generally works:

Step 1: Free Consultation

We’ll review your case at no cost to determine if any violations occurred and whether you have a valid FDCPA claim.

Step 2: Investigation and Documentation

We gather all relevant materials, including:

• Collection letters or emails

• Voicemails or call recordings

• Call logs or text messages

• Debt validation notices (or lack thereof)

Step 3: Demand Letter or Lawsuit

Depending on the severity and facts, we may first send a demand letter to the collector, asking for compensation and resolution. If that fails, we file a lawsuit in federal court.

Step 4: Negotiation or Trial

Many FDCPA claims settle before trial. If the collector refuses to settle, we’ll be prepared to argue your case in court. You may be awarded statutory damages and actual damages for any financial or emotional harm you suffered.

Step 5: Resolution and Credit Protection

After the case concludes, we help you:

• Stop ongoing collection harassment

• Monitor your credit reports for related errors

• Take additional action if credit reporting violations occurred

🧾 Signs You May Have an FDCPA Claim

You may have a case if:

• You’ve received threatening or harassing phone calls

• The collector refuses to stop contacting you after a written request

• They lied about the debt or legal consequences

• They disclosed your debt to friends, family, or your employer

• You were contacted after bankruptcy

• You were sued on a debt that’s too old or not yours

💼 Why Choose Ginsburg Law Group, PC?

• ✅ Experienced in consumer protection and debt collection defense

• ✅ Compassionate and respectful legal representation

• ✅ No out-of-pocket legal fees—we seek compensation from the collector

• ✅ Focused on protecting your rights and stopping the harassment

✋ Stop the Harassment. Take Back Control.

If you’re being harassed by a debt collector, you don’t have to suffer in silence. You have rights, and the law is on your side. At Ginsburg Law Group, PC, we’re ready to hold illegal collectors accountable—and help you move forward with peace of mind.

📞 Call us today for a free FDCPA case evaluation – 855-978-6564!