Minneapolis Fair Debt Collection Practices Act Attorneys
There are three factors that must be met in order for the Act to apply: It must involve a debt collector, a consumer debt and a consumer.
The Act defines a “debt collector” to include any person who uses any instrumentality of interstate commerce, US mail in any business, the principle purpose of which business is the collection of any debt, directly or indirectly, owed, due or asserted to be owed or due to another. The Act also defines a “debt collector” to include any person who regularly collects a debt owed to another.
The Act defines “debt” to mean any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes, whether or not such obligations have been reduced to judgment.
The Act defines “consumer” as any person obligated or allegedly obligated to pay any debt.
Does your claim meet the threshold requirement of the Fair Debt Collection Practices Act Claim?
Does this involve a consumer (not commercial/business) debt or agreement?
Is the client a consumer (i.e., not a business)?
Is the adverse party collecting the debt for someone else (i.e., collecting for some other business or person)?
Answers to all three must be, "Yes," for the FDCPA to apply.
Notice Violations
Does the first communication from the collector/agency, either written or oral, contain the consumer warning: “This is an attempt to collect a debt and any information obtained will be used for that purpose.”?
Do all communications indicate they are from a debt collector?
Did the debt collector send the consumer a written validation notice within five days of the initial written or oral communication?
Does the validation notice contain all the required information, including the current amount of the debt?
Does any demand for payment overshadow or create confusion about the disclosure of the consumers' rights as stated in the validation notice?
Have you requested validation of the debt? If so, request validation by certified mail.
If the consumer made a timely validation request, did the collector continue collection activities before verifying the debt?
False or Misleading Representations
Does the communication give the false impression that the debt collector is affiliated with the United States or any state, including the use of any badge, uniform or facsimile?
Does the communication contain a false impression of the character, amount or legal status of the alleged debt?
Free attorney consultation: To discuss your case with a lawyer at no charge, call 612-659-9500 or fill out our contact form. Se habla español. Our law office is conveniently located in downtown Minneapolis, in the historic warehouse district, one block off Washington Avenue and our lawyers represent clients throughout the Twin Cities metro, Greater Minnesota and Western Wisconsin.
