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

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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.

Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

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