The Fair Debt Collection Practices Act (FDCPA) is designed to make consumer debt collection fair. This act also provides directions as to how debts can be clarified and how it can be challenged to ensure validity. It limits the behaviors and actions of third-party debt collectors who are trying to collect debts for another entity or person and restricts the time of day and frequency of contact when collecting a debt.
If you have been harassed by a debt collector in Colorado, you may be eligible for $1,000 in damages or more. Be sure to speak with an FDCPA attorney as soon as possible to get the help you need and stop the debt collectors from calling.
Colorado's FDCPA Laws and How They Work
Colorado's law only applies to consumer debt and doesn't address business or commercial debts. It applies to any debt collector, solicitor, or collection agency. Collection agencies must be licensed within the state in order to try to collect debts there. Creditors who are collecting their own debts are not covered by the Colorado FDCPA.
It specifies that collectors can only contact consumers between 8 a.m. and 9 p.m., cannot contact the consumer at work if such communication is prohibited there, cannot contact a consumer represented by an attorney, or discuss the debt with third parties that aren't related to the case. The caller must disclose his identity within the first 60 seconds after it has been determined the person on the other end of the call is indeed the debtor. The state's act is more detailed and precise that the overall federal version, but both Acts were designed to enforce strict and responsible behavior by debt collectors.
Differences in the General FDCPA and Colorado FDCPA Laws
While the FDCPA prevents creditors from using verbiage that is misleading to mislead consumers, Colorado law says that the debt collector cannot imply he or she is employed by a credit reporting agency, threaten to deposit or deposit a check that is postdated, threaten to dispossess or disable property when there is no legal right to do so, imply they are affiliated with the government, or falsely represent the legal repercussions that the debtor could face for not paying the bill.
The Colorado version also states that misleading verbiage can also include misrepresenting the amount of the debt, making false statements about the status of the debt, or threatening the debtor with jail or physical harm. According to the Colorado FDCPA, the debt collector cannot use obscene or profane language, cannot publish a list of consumers who don't pay their debts, repeatedly call the person to harass them, or engage in practices that are unfair or unethical when pursuing payment on the debt.
Connect With An FDCPA Attorney
If you are being harassed by a debt collector in Colorado, you should consult with an FDCPA attorney. An attorney can help you with your claim against Colorado FDCPA violations. These regulations were enacted to protect you, and an attorney will ensure your rights are protected and that debt collectors do not violate these regulations.
You might have the right to pursue a civil lawsuit against a debtor to seek actual damages and additional damages up to $1,000, plus more actual damages. FDCPA claims have a statute of limitations, so be sure to act as quickly as possible.