How Does Consumer Law Protect Against Unfair Debt Collection Practices?

Unfair debt collection practices

With consumer law, the Fair Debt Collection Practices Act (FDCPA) is a beacon of hope/protection for individuals facing debt collection harassment. Enforced at both federal and state levels, this act delineates stringent regulations to shield consumers from unlawful actions by debt collectors. 

Fortunately, these laws extend to Maryland, where state statutes overlap with federal provisions, offering an even more robust framework to safeguard consumers’ interests.

Stopping Unfair Debt Collection Practices: Key Provisions of the FDCPA

Under the FDCPA, debt collectors are strictly prohibited from engaging in any conduct that harasses, oppresses, or abuses debtors. These protections encompass various facets of debt collection practices, including:

  • Limitations on Contact: Debt collectors are restricted in the times and methods to contact debtors. For instance, they cannot call before 8 a.m. or after 9 p.m., nor can they contact debtors at their workplace if informed not to do so.
  • Verification of Debt: Debt collectors must provide validation information about the debt, including the creditor’s details and the amount owed, upon initial contact or within five days after that.
  • Ceasing Contact: Debtors have the right to request that debt collectors cease contact by sending a letter, after which collectors can only communicate to confirm cessation or impending legal action.
  • Protection Against Harassment: Debt collectors are barred from using threats, obscene language, or unfair practices to coerce debtors into payment.

Rising Threat of Zombie Debt

Despite these legal protections, the resurgence of zombie debt poses a significant challenge to consumers. Zombie debt refers to old debts that resurface, often beyond the statute of limitations for legal action. However, armed with knowledge of their rights under consumer law, individuals are better equipped to combat the harassment perpetuated by debt collectors seeking to revive these obsolete debts.

Empowering Consumers Against Debt Collection Harassment

As consumers confront rising zombie debt and endure the onslaught of debt collection harassment, there is always hope in recognizing the role of consumer laws in safeguarding their rights. By leveraging the provisions of the FDCPA and the Maryland Statute, individuals can assert their entitlement to fair treatment and freedom from unwarranted harassment by debt collectors. 

Seeking counsel from a knowledgeable debt collection attorney can provide assistance in navigating these complex legal waters. Through proactive measures and informed legal advocacy, consumers can effectively stop debt collectors’ harassment and assert their rights in the face of adversity.

If you are being harassed by debtors day and night and feel your rights have been violated, please reach out to speak with our team of attorneys. 

Sign Up For Notifcations

Each time we publish a new article you can receive a notifcation and link. Its the best way to stay up to date with consumer law. Plus, you'll receive our monthly newsletter.