Nissan Finance Target of Class Action Investigation Over Debt Collection Practices
By John Curran
The Fair Debt Collection Practices Act was first passed in 1977, but many consumers may not be aware that subsequent amendments protect them from certain actions by lenders, such as the Nissan Motors Acceptance Corporation. Certain actions may be grounds for joining a class action lawsuit regarding these practices.
Many of these improper debt collection practices involve contact with a borrower. For example, someone may be facing phone calls outside of the hours of 8 a.m. to 9 p.m. local time, or may be receiving communications of varying forms after a written request or notice that the borrower has sought legal representation. Documenting these forms of contact that are in contravention of the Fair Debt Collection Practices Act can improve the odds of success in any Nissan Finance class action lawsuit.
The full extent of potentially illegal actions by the captive finance wing of the Japanese automaker is unclear. However, some Nissan Finance borrowers have said that they were pressured into making payments via phone calls that were illegal. Examples of phone calls, not necessarily completed by Nissan Finance, would include those where the company agent purported to be a lawyer or law enforcement officer, or ones where an employee threatened unlikely legal action.
People who have fallen behind on car payments may not realize what legal protections they have in terms of debt collection. Keeping track of phone calls, including those to employers and neighbors, is important. Any written requests to cease communications should include a read receipt request available at the post office and an additional copy made for one’s own records prior to considering joining any potential Nissan Finance class action lawsuit.
However, the tactics may change or different documentation may be available. It is important to note that the facts of your case may vary, and that is understandable in the early stages of the legal process. What is critical is to get any paperwork that could help demonstrate wrongdoing, and then get in touch with a Nissan auto loan debt collection lawsuit attorney.
A free consultation is the first step in establishing whether or not your claim is eligible. You can get one by filling out the short form at the Nissan Auto Loan Debt Collection Class Action Lawsuit Investigation. It may be possible to get a settlement or jury award that could include portions of payments you made based on allegedly illegal pressure. Learn more when you contact a Nissan auto loan debt collection lawsuit attorney today.
Updated July 8th, 2013
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