It may not be common knowledge but debtors are protected by the Fair Debt Collection Practices Act (FDCPA) from unfair, abusive and deceptive tactics and techniques of collection agencies.
The FDCPA is federal legislation that is applicable in the entire country. Each state normally has its own Act that complies with the provisions of the FDCPA. This is a relief for those who are aggravated by incessant and intrusive calls or visits from debt collectors.
Title 17, Chapter 24 of the 2010 Arkansas Code provides the rules similarly contained in the FDCPA that makes it illegal for debt collectors to engage in actions relating to the collection of debt that results into harassment, abuse or oppression.
Both the FDCPA and the laws in Arkansas prohibit collectors from using misleading, deceptive and false representation when collecting debts. Causing incessant ringing of the telephone or calling repeatedly may be considered a violation of the FDCPA if you deem the action abusive, harassing and annoying.
The statute of limitations for the collection of debts varies in each state. In Arkansas, the following statute of limitations applies to the corresponding type of debt:
- Debts acquired through oral agreements – 3 years
- Debts acquired through written agreements – 5 years
- Debts made through promissory notes – 3 years
- Credit card debts – 5 years
Filing a case against you for your unpaid debts beyond the statute of limitations is in violation of the FDCPA. You can get the advice of an Arkansas FDCPA attorney if you’re thinking about filing a claim based on these statutes.
Seek Assistance from an Arkansas FDCPA Attorney
To enforce your rights against a third-party collection agency who is in violation of the FDCPA, you need to seek the assistance of an FDCPA attorney in Arkansas.
Failure to comply with this law subjects the debt collector to civil liability and your Arkansas attorney is equipped with the legal capabilities of maximizing the potential damages and remedies you are due.
The Arkansas FDCPA provides you with the following remedies that you may be entitled to if you are successful in your claim:
- The amount equal to the actual damage you sustained;
- Additional damages in the amount not exceeding $1,000;
- Attorney’s fees and cost of the legal action you initiated; and
- For class action, besides the $1,000 additional damages, the court may award as high as $500,000 or 1% of the debt collector’s net worth.
Needless to say however, since this is a legal proceeding, victory won’t come easily without the services of an FDCPA attorney in Arkansas. That attorney is your best weapon in claiming for damages.
Natives of all cities in Arkansas, from Piggott to Moscow, can use the services of an FDCPA attorney since the statutes against debt collectors are statewide.
Free Evaluation Available
Do not let abusive debt collectors get away with their misconduct. You can acquire the help of an Arkansas FDCPA attorney to assist you with your situation and advise you on whether or not you can claim for remedies.
There is no need to pay any fees since a free evaluation is available to you if you want to learn about the relevant laws and how they apply to your case.