Brian R. Linnekens Develops Client Protections under the Fair Debt Collection Practices Act

Brian Linnekens has been practicing law for over a decade.  One of the most groundbreaking services that Mr. Linnekens has developed over the years is based in the Fair Debt Collection Practices Act.   The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a Federal law designed to protect consumers. According to Brian Linnekens, the FDCPA clearly spells out clients’ rights and prohibits debt collectors from using dishonest and abusive methods of collecting money owed, such as those described in detail below.


Prohibited Practices – Harassing or Abusive Practices


Brian Linnekens explains to his clients that a debt collector, in collecting a debt, may not harass, oppress, or abuse any person. Specifically, a debt collector may not:


  • Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person
  • Use obscene, profane, or other language that abuses the hearer or reader
  • Publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3) of the FDCPA
  • Advertise a debt for sale to coerce payment
  • Annoy, abuse, or harass persons by repeatedly calling their telephone number or allowing their telephone to ring continually
  • Make telephone calls without properly identifying himself or herself, except as allowed to obtain location information


Brian Linnekens has developed methods and means to prevent debt collectors from taking any of these actions.  Although it is impossible to completely stop debt collectors from violating the FDCPA, Brian Linnekens can help minimize the violations that occur, and can hold those collectors who do violate the FDCPA accountable for their actions.


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