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Beverly Hills Consumer Protection Attorneys and the California New Fair Debt Buying Practices Act

One of the areas of practice of consumer protection the Beverly Hills consumer protection attorneys deal with are cases that stem from the California Fair Debt Buying Practices Act. The law took effect at the start of 2014 and it is applicable to consumer liability, with the issue of selling and reselling consumer debt beginning on January 1, 2014, and after as the main attraction of the cases involving this niche.

This entry will focus on the following: 

  • Defining the California New Fair Debt Buying Practices Act
  • Breaking down the jargon of California’s New Fair Debt Buying Practices Act and offering an appropriate explanation for our clients and future clients
  • The impact on debt buyers
  • The impact on consumers
  • What the California New Fair Debt Buying Practices Act allows us to do for our clients

The California Fair Debt Buying Practices Act places limitations on the printed statements debt buyers may make to consumers in trying to recover money the consumer owes. Also, it forbids a debt buyer from creating an assertion to pass to a consumer unless the debt buyer can access a duplicate of the declaration (contract) or any other documents showing evidence that the consumer agreed to the debt, and this also permits the latest monthly statement recording an acquisition in exchange for monetary gain. For example, if you, the consumer, made a purchase on credit for $50 but the business you purchased it from is claiming you said you would pay $60, then the business cannot sell the $60 debt to a debt purchaser who will want to collect $60 and additional interest from you, the consumer, unless you agree or there is evidence the original price was $60 with evidence of you, the consumer, agreeing to pay it. You, the consumer, can submit a written request for information about the debt, and if the debt purchaser does not give you, the consumer, the information you, the consumer, requested within 15 days, then collections have to cease until the debt buyer gets the all of the necessary information and can properly provide it when it needs to be provided. Furthermore, in any situation, the debt buyer has to inform the consumer of the consumer’s right to request the information the first time the debt buyer communicates with the consumer.

You, the consumer, can submit a written request for information about the debt, and if the debt purchaser does not give you, the consumer, the information you, the consumer, requested within 15 days, then collections have to cease until the debt buyer gets the all of the necessary information and can properly provide it when it needs to be provided. Furthermore, in any situation, the debt buyer has to inform the consumer of the consumer’s right to request the information the first time the debt buyer communicates with the consumer.

Here is another example of why the California Fair Debt Buying Practices Act is so great: A debt buyer purchased a balance owed to Capital One by Jon Doe for $200, and Capital One gave the debt buyer Jon Doe’s contact information. The debt buyer calls John Doe, and they let him know he is going to owe them the balance plus interest. Before they can request Jon Doe’s bank information to pay off what is owed or set up a payment plan, the debt buyer must inform Jon Doe he has the right to request all the information regarding the debt and how the debt buyer acquired it. If the debt buyer cannot show the documentation to Jon Doe within 15 days, then they have to leave him alone until they have the proper information and can provide it to him.

The Beverly Hills consumer protection attorneys can use the California Fair Debt Buying Practices Act to help you. The California Fair Debt Buying Practices Act makes it possible for consumers to sue collection agencies if they violated the law. The amount depends on the penalties violated and other factors. Also, consumers may be able to recover their attorney fees for these suits too. If you have been sued by a debt buyer, please contact the Beverly Hills consumer protection attorneys at CouselOne to see if we can help you.

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