No one enjoys getting letters from debt collectors. If you are one of the
millions of people who owe money to credit card companies or other debt
collectors, you probably receive a significant amount of mail each month
looking for payment.
Receiving these letters can be very stressful for people who are dealing
with unpaid debt. As a result, many people throw these letters away without
ever even opening them. This is a mistake. Often, the best evidence of
violations of the Fair Debt Collections Practices Act (FDCPA) comes mailed
inside these letters.
It is quite common for debt collectors, including attorneys’ offices,
to send letters containing false statements or language that violates
the FDCPA when trying to collect a debt. Because most people throw these
letters away, the debt collectors are rarely held accountable for their actions.
For example, one class action lawsuit alleged that FDCPA-required notices
were hidden inside letters designed to look like pre-approved credit card
offers. The letters in question came from NCO Financial Services and GFS
Financial Solutions, and stated in bold print at the top, “Transfer
your debt to a Pre-Approved+ MasterCard®!”
Many consumers threw away these letters thinking that they were credit
card offers when they were actually attempts to collect a debt. Because
these letters looked like standard junk mail or marketing letters, people
who owed these debts were unaware that the letters triggered certain rights
and obligations under the FDCPA.
The FDCPA requires that communications from debt collectors meet certain
criteria. For example, letters must clearly state that the correspondence
is from a debt collector, and important terms cannot be hidden in the
If you receive a letter from a debt collector, always open it and review
the information inside. Make sure that you recognize the debt and the
company collecting the debt, and check to see that the information is
accurate. Save these letters and their envelopes and bring them to a debt
collection attorney if the letter is inaccurate, misleading, or threatening.
“Junk mail” from debt collectors is often the best evidence
in an FDCPA claim. For that reason, it is important that people who owe
money know to retain these letters as proof of illegal debt collection
tactics. While most of the letters that you receive will comply with FDCPA
regulations, those that do not could be the basis for a lawsuit.
If you are fighting debt collector harassment, deception, or unfair collection
practices, contact Loan Lawyers today. Our attorneys will review your
claims and the letters sent from debt collectors, and will advise you
of your legal options. Our attorneys may be able to reduce your debt,
and can help you pursue compensation from debt collectors that violate
the FDCPA. For your free, no-risk consultation, contact Loan Lawyers today
by calling (888) FIGHT-13 (344-4813).