Consumer Law

When Can An Alabama Consumer Sue A Debt Collector - Part One

By M. Stan Herring

Alabama consumers are often victims of abusive debt collectors or junk debt buyers and can sue (under the Fair Debt Collection Practices Act and/or Alabama law) these collectors or debt scavengers when the following four requirements are satisfied:

1. The Alabama resident is a ?consumer? (that is not a corporation or partnership, etc);

2. The debt being collected is a ?consumer debt? ? a debt that was for personal, family, or household purposes (that is not a business debt);

3. The person or company collecting is a ?debt collector? (that is not the original creditor but a third party company or a debt buyer); and

4. The debt collector has violated the Fair Debt Collection Practices Act (FDCPA).

Our next post in this series will address what is a violation of the FDCPA. If you are being contacted by a debt collector or junk debt buyer ? either by phone or by letter ? please feel free to contact us for a free consultation in our office so we can discuss your particular situation and how the law applies to you.

Full post as published by Alabama Consumer Blog on April 03, 2008 (boomark / email).