Colorado Fair Debt Collections Attorney

Are you currently wrestling with financial challenges and grappling with the unwelcome outreach from debt collectors? It's an unsettling situation, especially when these collectors overstep their legal boundaries. Knowing your rights in the realm of debt collection is pivotal for reclaiming control. Here's pertinent information about debt collection in Colorado that can empower you if you find yourself in such a predicament.

The Fair Debt Collection Practices Act (FDCPA)

Enacted by Congress, the FDCPA seeks to curb abusive practices by debt collectors and furnish consumers with remedies for violations. It applies to individuals collecting debts on behalf of others, excluding in-house collections. Familiarizing yourself with the intricacies of the FDCPA can arm you against unfair practices.

1. Interactions with Third Parties: Debt collectors can only reach out to third parties to obtain your contact information. While they must identify themselves, they're prohibited from divulging the nature of their call.

2. Contacting You: Debt collectors are restricted from reaching out at inconvenient times, such as before 9:00 am or after 8:00 pm. They are also barred from contacting you at work if it's against your employer's policy.

3. Adhering to Fair Practices: The FDCPA forbids threatening behavior, harassment, and the use of offensive language by debt collectors. They are not allowed to mislead you about the debt, their identity, or potential actions against you.

The Colorado Fair Debt Collections Practices Act (CFDCPA)

Similar to the FDCPA, Colorado has enacted a state-specific debt collection statute known as the Colorado Fair Debt Collections Practices Act, Colo. Rev. Stat. 5-16-101. Like the FDCPA, Colorado's statutes prohibits the following types of conduct in relation to the collection of a debt:

1. Harassment or Abuse. Colo. Rev. Stat. 5-16-106

2. False or Misleading Representations. Colo. Rev. Stat. 5-16-107

3. Other unfair and unconscionable collection methods. Colo. Rev. Stat. 5-16-108

Common Violations

The Federal Trade Commission oversees and regulates violations of the FDCPA. According to the American Bankruptcy Institute, the most common violations of the FDCPA are:

1. Harassment of the debtor by the creditor – More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

2. Demands for monetary amounts that are not contractually legal – Nearly 40 percent of all reported FDCPA violations involved creditors who were trying to collect monetary amounts that were greater than the amount that the debtor actually owed.

3. Failure to send the consumer a written notice of the debt – More than 26 percent of all reported FDCPA violations were related to creditors failing to send debtors a written notice of the debt, which should legally include the official name of the creditor, the amount of debt owed and a notification that the debtor has the right to dispute the debt in question.

Conclusion

If you're facing contact from debt collectors, consider seeking advice from a debt relief attorney. Proactive measures, like putting your request to cease communication in writing, can offer relief. Additionally, meticulously review documents sent by collectors within five days of initial contact.

If you're navigating debt-related challenges, we can help. We are happy to offer insights into potential debt relief options and other courses of action that may end these abusive tactics. If you would like to schedule a time for us to meet, please free to contact us or submit an inquiry or scheduling directly.