Am I Protected From Creditor Abuse?

28 Apr Am I Protected From Creditor Abuse?

Many of my colleagues’ and my postings have concerned the abuse by debt collectors and how the FDCPA protects consumers….BUT, what about when original creditors heap abuse on someone? Many states have passed a state version of the FDCPA to protect their consumers, but one benefit of those state laws is that often, original creditors are also prohibited from abusive behavior.

For example, in Oregon, any business that is owed money is classified as a debt collector under the Oregon UDCPA (Unlawful Debt Collection Practices Act). That means that if you owe the business money, the manager of the Accounts Receivable department can’t call and threaten you, abuse you or harass you. Every state’s version is a little different, for example, in Oregon, the statutory damages are $200. In North Carolina, the statutory damages are $2000. California has an Act called the Rosenthal Act, which provides for statutory and actual damages, announces Cathy Moran, a California consumer protection and bankruptcy attorney. My colleague, Jay Fleischman, recently wrote about New Jersey’s efforts to protect its consumer in a recent post. If a creditor is abusing you, calling you, threatening you illegally, please contact an attorney in your area to determine your rights under your particular state’s version.

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I'm a consumer protection lawyer in Oregon, working with people in Klamath; Lake; Jackson; Josephine; Curry; and Deschutes County. I speak regularly on bankruptcy and consumer protection issues nationwide.
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