Fair Debt Collection Attorneys

We Protect Debtors

The calls start slowly. Then they become a constant, unwelcome presence in your life. Your phone rings at dinner. It buzzes during your kid’s school play. A knot forms in your stomach every time you see an unknown number, a feeling that steals your peace and casts a cloud over your home. It’s that strange feeling of being hunted in your own house by people who use intimidation and shame as business tactics.

The truth is, many debt collection agencies operate on a model that pushes legal boundaries. They assume you don’t know your rights, and they use that to their advantage. They count on you feeling isolated and powerless. But there is a federal law, the Fair Debt Collection Practices Act (FDCPA), designed specifically to stop these abusive tactics. This law is your shield. At McCarthy Law, we view it as a primary tool.

We are a different kind of law firm because we don’t just advise you on your rights; we actively enforce them. When a debt collector violates the FDCPA, they are breaking the law. That gives you leverage. We step in to turn the tables, using their illegal actions to stop the harassment and hold them financially accountable for the stress they’ve caused. Our attorneys stand between you and them, turning a situation that feels out of control into one where you have a clear, actionable path forward.

What Is the FDCPA, and What Does an FDCPA Attorney Do?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates debt collectors and protects consumers. The FDCPA sets the ground rules for interactions between debt collectors and the parties from whom they are seeking a debt.

In general, collectors cannot be:

1. Calling you repeatedly or contacting you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is considered unreasonable).
2. Placing telephone calls to you without identifying themselves as bill collectors.
3. Contacting you at work if your employer prohibits it.
4. Using obscene or profane language.
5. Using or threatening to use violence.
6. Claiming you owe more than you do.
7. Claiming to be attorneys if they’re not.
8. Claiming that you’ll be imprisoned or that your property will be seized.
9. Sending you a paper that resembles a legal document.
10. Adding unauthorized interest, fees, or charges.
11. Contacting third parties, other than your attorney, credit reporting bureaus, or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your co-debtors.

Violations of the FDCPA do not go overlooked. In recent years, the Federal Trade Commission (FTC) has brought numerous lawsuits against collection agencies for violations, resulting in settlements for millions of dollars. While not all of these settlements went directly to consumers, they are further proof that the law will be enforced.

A simple internet search can provide consumers with plenty of information on how to enforce their rights. However, having an experienced attorney who has handled cases similar to yours will help prevent potential blunders due to misinformation or misdirection.

We Step Into Your Shoes

Being in debt is already a stressful and unsettling experience, which is only exacerbated by the relentless phone calls from collection agencies. Telling the creditor you do not have the money will not make their calls stop, but the attorneys at McCarthy Law understand the FDCPA law can. Under the FDCPA, once a third-party collector knows an attorney represents you, their contact with you must cease. An attorney who understands the FDCPA law can take on all communications with your creditors, so you no longer have to worry about answering your phone.

Decode the Law

Thanks to the internet, consumers have access to the FDCPA, but like many laws, it is easily misunderstood by those outside the legal profession. The attorneys at McCarthy Law are trained and experienced in interpreting and applying the law, and can help you understand how it applies to you.

Like all laws, the FDCPA has been further defined and redefined by court decisions. For example, the terms “consumers” and “debt collectors” have been further defined in recent cases. An FDCPA attorney will know the case history and how the implications of court outcomes might affect your case.

The FDCPA is a federal law, and each state is permitted to enact its own laws to provide consumers further protection. An FDCPA attorney can let you know how the laws of your particular state interact with the FDCPA.

Get the Information You Need

Under the FDCPA, debt collectors are required to disclose certain information if you request it. You have the right to challenge your debt and have it validated by the collectors. An FDCPA attorney knows the most important information to request and how it can be used to your benefit.

Enforce Your Rights

The FDCPA provides possible civil remedies for consumers whose rights have been violated under the act. FDCPA attorneys are well-versed in the law and can identify unfounded threats, punishments, or representations that violate the act. If a violation of your rights has occurred, an attorney can either use that violation as leverage when negotiating your debt or help you pursue legal recourse for the violation.

It is important to keep in mind that an FDCPA violation by your collector does not eliminate your debt, but it may help in your negotiations.

Common Myths About Debt Collection and the FDCPA

There’s a lot of bad information out there about dealing with debt collectors. Let’s clear up some of the biggest myths so you can operate from a position of strength, not fear. A common misconception is that you are required to speak with them on the phone. You are not. You have the absolute right to demand that all communication be in writing. This creates a paper trail and stops the verbal abuse.

Another myth is that collectors can contact you at any time and from any location. This is false. The FDCPA restricts call times to between 8 a.m. and 9 p.m. in your local time. They are also prohibited from calling you at your workplace if they know your employer doesn’t allow personal calls. Finally, many people believe a collector’s threat to sue means a lawsuit is inevitable. Often, these are empty threats designed to scare you into paying. An illegal threat is a violation of the law, and it’s something a debt collection attorney can use against them.

Fair Debt Collection FAQs

What proof do debt collectors need to show that I owe money?

A debt collector can’t just say you owe money. They have to be able to prove it. This is called debt validation. Within five days of their first contact with you, they must send you a written notice that clearly states the amount of the debt, the name of the original creditor, and a statement informing you of your right to dispute the debt within 30 days. If you dispute it in writing, they must stop all collection efforts until they send you verification of the debt, such as a copy of the original bill or signed contract that shows you owe it. Without this proof, they have no legal leg to stand on.

Can debt collectors contact my family or employer?

This is strictly limited. A debt collector can contact a third party, like a relative or your boss, for one reason only: to get your location information. That means your home address, phone number, and where you work.

When they do this, they are legally forbidden from stating that you owe a debt. They cannot discuss your financial situation with anyone except you, your spouse, or your attorney. They are generally only allowed to contact a specific third party one time for this purpose. If a collector calls your mom or your manager and reveals details about your debt, they have broken the law. This is a clear violation that supports a fair debt collection lawsuit.

Does the FDCPA apply to credit card debt, medical debt, or student loans?

Yes, it applies to most common types of consumer debt, including credit cards, auto loans, medical bills, mortgages, and private student loans. The key factor is who is collecting the debt. The FDCPA specifically targets third-party debt collectors — agencies that purchase debts or are hired by the original creditor to collect on their behalf. If the original creditor (the credit card company or the doctor’s office) is collecting its own debt, the FDCPA typically does not apply. However, as soon as that account is sent to a collection agency, the protections of the FDCPA take effect.

Stop Creditor Harassment With McCarthy Law

If you would like to learn more about your rights or feel that your rights may have been violated, speak with one of the FDCPA lawyers at McCarthy Law. Give us a call today at (855)-976-5777 or contact us now for a free consultation. Our nationwide attorneys are here to help you better understand your debt and how to deal with it legally.