Brittany Kokenzie v. Trueaccord Corp.

Columbus, Georgia consumer credit lawyer represented the Plaintiff who sued the Defendant on a Fair Debt Collection Act violation theory under 15 U.S.C. 1692.



Fair Debt Collection Practices Act



The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.), which became effective

March 20, 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

In addition, the federal law (15 U.S.C. 1692 et seq.) protects reputable debt collectors from unfair

competition and encourages consistent state action to protect consumers from abuses in debt

collection. The Dodd-Frank Act granted rulemaking authority under the FDCPA to the Consumer

Financial Protection Bureau (CFPB)2 and, with respect to entities under its jurisdiction, granted

authority to the CFPB to supervise for and enforce compliance with the FDCPA.



"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. The FDCPA applies to all debt collectors, including collection agencies, lawyers who collect debts, and creditors who collect their own debts.



The FDCPA prohibits debt collectors from engaging in a variety of abusive practices, such as:



Calling you at inconvenient times or places.

Harassing or threatening you.

Lying to you about the debt.

Trying to collect a debt that you don't owe.

Trying to collect a debt that has already been discharged in bankruptcy.



The FDCPA also gives you certain rights, such as the right to:



Be told the name of the debt collector who is contacting you.

Be told the amount of the debt.

Be told why you owe the debt.

Be told how to dispute the debt.

Be told that you have the right to contact the original creditor.

Be told that you have the right to sue the debt collector if they violate the FDCPA.



If you believe that a debt collector has violated the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB is a federal agency that enforces the FDCPA and other consumer financial protection laws.



You can also file a lawsuit against the debt collector in federal or state court. If you win your lawsuit, you may be able to recover damages, such as money for the debt collector's illegal activities, emotional distress, and attorney's fees.



Here are some of the key provisions of the FDCPA:



Debt collectors must identify themselves as debt collectors.

Debt collectors must not contact you at inconvenient times or places.

Debt collectors must not harass or threaten you.

Debt collectors must not lie to you about the debt.

Debt collectors must not try to collect a debt that you don't owe.

Debt collectors must not try to collect a debt that has already been discharged in bankruptcy.

Debt collectors must give you certain information about the debt, such as the name of the creditor and the amount of the debt.

Debt collectors must give you the right to dispute the debt.

Debt collectors must give you the right to contact the original creditor.

Debt collectors must give you the right to sue them if they violate the FDCPA.



The FDCPA is a complex law, and there are many exceptions to the provisions of the law. If you have any questions about the FDCPA, you should consult with an attorney."



Google Bard

Notice of Voluntary Dismissal, this case has been closed.