The Fair Debt Collection Practices Act is a federal law that protects consumers from unfair or harassing collections practices. This law regulates the conduct of third party bill collectors including mortgage loan servicers and law firms that file foreclosure actions against homeowners. Under the Fair Debt Collection Practices Act a loan servicer (such as Litton Loan Servicing) must comply with a consumers request that the servicer stop calling the consumer and conduct all future communications in writing. A consumer may also demand that a servicer or bill collector not call their cell phone or work number.
Under the Fair Debt Collection Practices Act, bill collectors and mortgage loan servicers are prohibited from communicating with debtors when the bill collector or loan servicer knows that the debtor is represented by an attorney. If a loan servicer calls a homeowner after receiving a request to cease communications or after receiving notice that the homeowner has retained an attorney, the homeowner is entitled to statutory damages of up to $1,000.00 and actual damages.
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