Stop Debt Collectors in Virginia

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.

What is “unfair or unconscionable” under the Fair Debt Collection Practices Act?

As usual, we start with the statutory definition.  Thanks to LII.

15 U.S.C. §1692f says

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

15 US Code section 1692f.

So, a collector is not permitted to ask for any money unless it is an amount allowed for by law or by agreement.  Examples of this are collection fees, or more commonly, fees for how you pay.  For example, if you pay by phone, some collectors charge a fee for pay by phone. This is an illegal charge under the Fair Debt Collection Practices Act.

Post dated checks are another problem under the Fair Debt Collection Practices Act.  If the collector accepts a post-dated check, they must not deposit the check until the date you specify.  If that date is more than 5 days away, they must notify you in writing that they are going to deposit the money before they do so.

They also are not permitted to solicit a post-dated check, if the purpose of this is to charge you with a crime if the money is not there.

They cannot hide the charges, for example, by doing a collect phone call.  This is prohibited under the Fair Debt Collection Practices Act. Other examples are calls to cell phones where you have a per-minute charge (I know this is relatively rare in these days of unlimited minutes, but it was more common), or if they communicate by text message, and you are charged a fee for receiving text messages.  Text messages are a whole problem unto themselves, and we will dedicate a blog to that another time.

Postcards an markings on envelopes that identify the business are improper, also, under the Fair Debt Collection Practices Act.

The only provision of the Fair Debt Collection Practices Act that applies to repossession agents is the section on repossessing or foreclosing on something that they do not have the right to do so.  15 USC 1692f[6].  A repossession agent is not permitted to repossess a car if there is no present right to repossess the car.  They cannot foreclose if they are not permitted to do so.  When are they not permitted to do so?  If there is no loan on your car or house.  If you are current on your car or house payments, this would also potentially violation the Fair Debt Collection Practices Act.  There will be a longer post on that another time.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230

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