Illinois Debtors’ Rights Are Protected Under the Fair Debt Collection Practices Act

Although many individuals may not understand Illinois debtors’ rights, the Fair Debt Collection Practices Act protects consumers from unfair debt collection.

The rights of consumers are protected under federal law. The Fair Debt Collections Practices Act (FDCPA) is a federal law originally passed by Congress in 1978. Today it combats unfair debt collection practices used by debt collectors and protects Illinois debtors’ rights.

If you or a loved one are victims of unethical and abusive debt collection practices in Illinois, you may be eligible to file a lawsuit against the debt collectors harassing you. An Illinois debtors’ rights lawsuit could help recover damages from unfair debt collection practices, could possibly help a consumer settle their debt and prevent further harassing debt collection efforts for you and for others.

FDCPA in Practice

FDCPA has established rules for debt collectors working for loan companies which help protect consumers from aggressive and abusive practices. Under the FDCPA, consumers can receive up to $1,000 in statutory damages if they file a lawsuit against the debt collector using unfair debt collection practices.

The FDCPA prohibits the following:

• Debt Collection Harassment:
  Contacting customers who have notified them to stop; calling repeatedly or outside of the hours 8:00 am to 9:00 pm.
• False Statements and Deceptive Practices:
  Using deception, misrepresentation, or lies to collect on a debt.
• Collection of Debts Not Owed:
  Collecting on a debt that was already settled or was discharged in bankruptcy or collecting on a debt that was never owed (in the case of identity theft).
• Collection of Old Debts:
  Collecting on a debt or threatening suit on debts that have been in default for more than four years.
• Making Improper Reports to Credit Agencies:
  Posting debts to credit reporting agencies that they cannot collect on (post-foreclosure deficiencies, etc.).
• Failure to Cease Communication on Request:
  Continuing to contact or harass customers who have told them orally or in writing to cease communication.
• Improper Communication with Third Parties:
  Contacting family members, employers, or neighbors to collect on a debt.

In addition to these protections under federal law, many debtors’ rights are guaranteed and additionally protected under state debt protection acts. States such as Illinois, Indiana, and Wisconsin have additional laws which provide debtors’ rights not included in the FDCPA. These acts can prohibit additional behaviors such as making threats, adding fees and charges to consumer debt, and making robocalls.

In today’s economy, debt collectors are notoriously aggressive in their communications with consumers. An increasing number of debt collectors are using illegal practices in their work for major banks, credit card companies, student loan companies, and even debt buyers.

Many consumers find themselves harassed by debt collectors in a way that interferes with their life. However, debtors’ rights may entitle these consumers to legal action. If you live in Illinois and are the victim of unethical or abusive debt collection practices, your Illinois debtors’ rights may entitle you to compensation under the Fair Debt Collection Practices Act.

Join a Free Unfair Collection Practices Class Action Lawsuit Investigation

If you’ve been hit with unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.