Wrongly Accused of Owing a Debt? How the FDCPA Protects You and What You Can Do About It

Have you recently received a phone call, letter, or lawsuit from a debt collector claiming you owe money, even though you are certain the debt is not yours? If so, you are not alone. Every year, thousands of individuals are wrongly contacted by debt collectors about debts that do not belong to them. This can happen for a variety of reasons, including mistaken identity, identity theft, clerical errors, or old debts that have already been resolved.

Whatever the cause, being falsely accused of owing a debt can be a stressful and intimidating experience. Debt collectors may use aggressive tactics that leave you feeling confused, anxious, or even scared. Fortunately, there is a powerful federal law that protects consumers in your situation. It is called the Fair Debt Collection Practices Act, or FDCPA.

As a lawyer who focuses on consumer protection, I help people who have been wrongly targeted by debt collectors. In this article, I will explain what the FDCPA is, how it protects you, what steps you can take if a collector is trying to collect a debt you do not owe, and how my firm can help you fight back and possibly recover money damages.

What Is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA is a federal law that was enacted in 1977 to stop abusive, unfair, and deceptive practices by third-party debt collectors. It gives consumers important rights and provides clear rules that debt collectors must follow. The law applies when a collector is trying to collect a personal, family, or household debt such as a credit card bill, car loan, medical bill, or mortgage deficiency.

The FDCPA does not apply to business debts or to collection efforts by the original creditor. It only applies to third-party debt collectors. These are companies or individuals who collect debts on behalf of others or who purchase defaulted debts in order to collect them.

Common Ways People Are Wrongly Contacted About Debts They Do Not Owe

There are several common reasons why someone might be contacted about a debt that does not belong to them:

• Mistaken Identity: Sometimes collectors contact the wrong person because they have the same or a similar name as the actual debtor.
• Identity Theft: A thief may have used your name or Social Security number to open an account, leaving you with debts you never authorized.
• Mixed Credit Files: Credit bureaus sometimes merge credit information from two different people into one file, causing confusion and false claims of debt.
• Old Debts That Are Not Legally Enforceable: Debt collectors sometimes attempt to collect on debts that are too old to be sued upon, known as time-barred debts.
• Debts That Have Already Been Paid or Settled: A debt may have already been resolved, but due to poor record-keeping, collectors may still try to collect.

No matter the reason, if you are being contacted about a debt you do not owe, the law is on your side.

How the FDCPA Protects You

If a debt collector is contacting you about a debt that is not yours, the FDCPA gives you several protections:

1. The Right to Request Verification

You have the right to ask the debt collector to verify the debt.

2. The Right to Dispute the Debt

You can tell the debt collector that the debt is not yours.

3. Protection from Harassment and Abuse

Even if the debt were valid, the FDCPA prohibits debt collectors from using harassment, threats, obscene language, or repeated calls to pressure you. If the debt is not valid, then any contact at all may be considered illegal.

4. Protection from False or Misleading Statements

Debt collectors are not allowed to lie or misrepresent information. They cannot claim you owe money when you do not. They cannot threaten to arrest you or take legal action they do not actually intend to take.

5. The Right to Sue and Recover Damages

If a debt collector violates your rights under the FDCPA, you may be entitled to sue them in federal court. You can recover actual damages, statutory damages up to $1,000, and your attorney’s fees and costs. In cases involving false claims about a debt, you may also have additional claims under state law.

What to Do If You Are Contacted About a Debt You Do Not Owe

If you have been contacted by a debt collector about a debt that does not belong to you, take the following steps right away:

1. Do Not Panic

It is natural to feel worried or angry, but remember that you have rights and that many people have successfully dealt with this situation. Stay calm and begin documenting everything.

2. Get the Collector’s Information

Write down the name of the company, the name of the person who contacted you, their phone number, and any details they provided about the alleged debt.

3. Do Not Admit to Owing the Debt

Even if the collector pressures you, do not say anything that might be interpreted as an admission. Instead, calmly state that you do not believe the debt is yours and that you would like written verification.

4. Request Verification in Writing

Dispute the debt and ask for verification. Send the letter by certified mail with a return receipt so you have proof it was delivered.

5. Keep Records

Save all letters, voicemails, texts, and emails from the collector. Take notes on any phone calls, including the time, date, and what was said. These records can be crucial if you later decide to take legal action.

6. Check Your Credit Report

Review your credit report to see if the debt is being reported to the credit bureaus. If so, you have the right to dispute the entry. You can request free credit reports from each bureau once per year at AnnualCreditReport.com.

7. Contact a Consumer Protection Attorney

If you are still receiving collection attempts after disputing the debt, or if you believe your rights under the FDCPA have been violated, speak with a lawyer who focuses on consumer protection. An attorney can review your case, stop the harassment, and help you seek compensation if the collector has broken the law.

How I Help Clients Who Are Being Wrongly Targeted by Debt Collectors

As a lawyer who helps consumers deal with abusive and illegal debt collection practices, I take these cases seriously. When a client comes to me with a debt they do not owe, I begin by reviewing all the documentation and communications they have received.

If the debt collector has violated the FDCPA, I take legal action on behalf of my client. This may include filing a lawsuit in federal court. My goal is not only to stop the wrongful collection attempts but also to recover money for the harm my client has suffered. That includes stress, time lost, and damage to their credit or reputation.

Best of all, the FDCPA allows us to recover attorney’s fees from the collector. That means in most cases, you will not pay anything out of pocket to have me represent you.

Contact My Office Today

If a debt collector is contacting you about a debt that does not belong to you, you may have a legal claim under the FDCPA. You do not have to tolerate harassment, threats, or false accusations.

I offer free consultations to individuals who are being wrongly targeted by debt collectors. During our consultation, I will listen to your story, review your documents, and explain your legal rights. If I believe you have a case, I will take the necessary steps to protect you and hold the collector accountable.

Call my office today or fill out the contact form on this page to schedule your free consultation. Let me help you get the peace of mind you deserve.