Are you being hounded by debt collectors? They may be violating the law.
As top consumer protection attorneys in Seattle, we’ve helped countless clients navigate their legal options when faced with unscrupulous debt collection practices. Are you the victim of illegal debt collection practices? Contact us online to schedule a consultation .
As federal debt tops $34 trillion, it isn’t just the U.S. government squirming under the weight of seemingly insurmountable bills—it’s also the American people.
In the wake of soaring inflation, Americans are on track to set a new borrowing record in 2024. According to a recent Bankrate analysis, U.S. consumers’ credit card debt has surged 40 percent in the last two years, and, as a result, Americans are maintaining larger credit card balances for longer periods of time.
In light of these trends, it’s more important than ever that individual consumers understand their rights when being pursued by debt collection. This article will explain everything you need to know about debt collection practices in Seattle, including the legal frameworks governing debt collection, common debt collection practices, and strategies for dealing with collectors.
At By Design Law , we have vast knowledge of the laws surrounding debt collection practices in Seattle and are uniquely qualified to assist consumers in their fight for justice. Connect with us online to schedule a meeting with a top consumer protection lawyer today.
Legal Framework Governing Debt Collection in Seattle
If you’ve ever been hounded by a debt collector, you know that it can be an uncomfortable, anxiety-inducing experience. This is especially true when you want to pay them but simply can’t afford to do so. In these situations, it’s important to remember that being a debtor is not a crime in the U.S.—you have legal rights.
Several federal laws work to regulate debt collection practices and protect consumers from harassment. Here are three of the most important to understand:
1. Fair Debt Collection Practices Act (FDCPA). As the primary federal law governing debt collection, the FDCPA prohibits collectors from using abusive, unfair, or deceptive tactics to achieve collection. It also establishes guidelines about when and how a collector can contact a consumer to attempt collection.
2. Telephone Consumer Protection Act (TCPA). The TCPA regulates how telecommunication devices can be used by debt collectors, restricting them from using automated dialing systems, prerecorded voice messages, SMS texting, and fax machines for debt collection purposes. It stipulates that collection agencies must obtain consent before making auto dialed and prerecorded calls or sending texts to a consumer’s cell phone.
3. Fair Credit Reporting Act (FCRA). Although FCRA is primarily concerned with credit reporting practices, it has implications for debt collection—particularly in regard to how debt information is reported to credit bureaus.
Federal laws provide a necessary framework for debt collection practices, but they don’t address everything. Washington State, like many others, provides specific legal protections to consumers facing debt collection. Here are two of them:
1. Washington Collection Agency Act (WCAA). This law mirrors many of the FDCPA’s provisions, but applies them to original creditors in addition to third-party collectors.
2. Washington Consumer Protection Act (WCPA). Although the broad aim of this act is to prevent deceptive, unfair, and fraudulent business practices, it also addresses certain types of unscrupulous debt collection practices.
When debt collectors violate these laws, they can be held accountable through legal action. If you suspect your rights are being violated by illegal debt collection practices, speak with an experienced consumer protection attorney about your options.
Consumer Rights Under These Laws
In regulating debt collection practices, the federal and state laws discussed above confer several important protections to consumers. Here are some of your consumer rights under these laws:
- Right to verification. Consumers have the right to confirm a debt’s legitimacy by requesting a debt verification. Doing so confirms the details of a specific debt, protects consumers against cases of mistaken identity, and provides a route by which to address disputed amounts.
- Right to privacy. Debt collectors are prohibited from publicly disclosing a consumer’s debts or discussing them with unauthorized parties. They must communicate with consumers in a way that doesn’t threaten their right to privacy.
- Harassment and abuse protection. Debt collectors must abstain from using abusive, unfair, or deceptive practices when attempting to collect payment. They are prohibited from using threatening language and adhere to approved calling schedules.
- Right to sue. When debt collectors harm consumers by violating federal and state laws, consumers have the right to sue for damages.
If you have debt in collections, you’re in a potentially vulnerable position. Luckily, there are several strategies you can use to protect yourself—starting with understanding your legal rights.
Strategies for Dealing with Debt Collectors
By familiarizing yourself with your rights under the FDCPA and Washington State laws, you’ll be better able to identify when a debt collector is acting illegally. If you suspect that a collection agency is violating your consumer rights, consider taking the following actions:
- Document everything you can , keeping detailed records of all interactions, including the dates and times they occurred, as well as the content of the conversations.
- Request debt validation as soon as you’re contacted by the debt collector. Doing so helps ensure the debt is actually yours and in the correct amount.
- Consider negotiating a settlement. After you’ve confirmed the debt is valid, you may want to look into your settlement options; just remember to get any agreement you come to in writing.
- Seek legal advice , especially if you have suffered harassment or misinformation, or if you’re interested in exploring a lawsuit. Collection agencies are much more likely to cooperate when they know you have legal representation.
- Explore credit counseling and debt management , especially if your current debt is unmanageable.
Collection agencies are similar to insurers in that they are much more likely to seek an acceptable resolution when they know an individual is working with an attorney. They would rather negotiate a settlement or consider alternative resolutions than risk litigation—a fact that you can use to your advantage.
By Design Law: Trusted Consumer Protection Attorneys in Seattle
Feeling constantly bombarded by debt collectors can take a huge toll on your quality of life. If you’re suffering the effects of unfair or deceptive debt collection practices, remember: You do have legal recourse. Contact By Design Law to schedule a consultation with a Seattle consumer protection attorney today.