Q. What are my rights under the Fair Debt Collection Practices Act (FDCPA)?
A. The FDCPA covers personal, family, and household debts, including money owed on a personal credit card account, an auto loan, a medical bill, and a mortgage. It does not cover business-related debts. The law protects you from a variety of harassing or threatening conduct in an attempt to collect payment. See our practice areas overview page for some specific examples of prohibited conduct.
If you believe a debt collector has violated the FDCPA, you may file a compliant with the state Attorney General or the Federal Trade Commission, and you have the right to sue the debt collector in state or federal court within one year of the violation. If you suffered actual damages due to the violation, such as lost wages or medical bills, you can recover for these expenses. Even if you cannot prove actual damages, the judge may still require the debt collector to pay you up to $1,000 for the violation, as well as reimburse you for your attorney's fees and court costs.
Q. What information do I have to give to the Collection Agency?
A. You do not have to provide the collection agency with any information. In fact, it is illegal for the collection agency to even ask you for certain information, such as your social security number or bank account numbers.
Q. What information can I get from the Collection Agency?
A. The collection agency is required to send you a written "validation notice" within five days of contacting you. This notice must include the amount you owe, the creditor to whom you owe the money, and what to do if you don't think the debt is valid.
Q. Can an insurance company refuse or deny my claim?
A. An insurance policy is a contract whereby in exchange for the regular payment of premiums, the insurance company promises to pay on properly submitted claims within the scope of the policy. If an insurance company denies your claim or does not offer to pay what you think it should, you should pursue that issue with the insurance company, perhaps with the help of an attorney. The insurance company is contractually obligated to pay claims, and it may take legal action to resolve the issue if there is a disagreement as to whether a claim should be paid and how much is owed.
However, if the denial of your claim is done unreasonably and deliberately, not out of a sincere disagreement over the terms of the policy but out of a desire simply to keep from paying your claim, the company is acting in bad faith and is liable to you for damages.
Q. What are my rights under Oklahoma's lemon law statute?
A. If you bought a car under warranty but cannot get it working satisfactorily after four or more repair attempts, or after it has been out of service for repair for thirty days or more, at your option the manufacturer must either replace your vehicle with a new one or accept your return and provide you with a full refund of the purchase price, including any taxes, license, and registration fees you paid. The manufacturer may discount the refund by a reasonable allowance for your use of the consumer, which will be calculated based on how long you have had it, how many miles it has been driven, etc. In order to be covered under the law, make sure that you notify the manufacturer in writing of the problems during the warranty period or within one year of your purchase of the vehicle.
Q. Where can I go for help?
A. See our resources page for links to consumer protection agencies and information on your rights. If you feel your rights have been violated, seek the advice of a qualified and experienced consumer law attorney. Richard M. Glasgow restricts his practice to the representation of victims of consumer fraud in Oklahoma. For a no-cost consultation on how we can help you, contact Richard Glasgow & Associates today.
