Brian R. Linnekens Protects Clients from Unfair Debt Collection Practices

Many debt collectors will use any available tactic to collect debts from hardworking Americans.  Although Brian Linnekens strongly believes that we should make every attempt to pay the debts that we owe, he also believes that all clients deserve to be treated with the common decency and respect.  As a result, Brian Linnekens has developed a network of attorneys around the country who are trained to protect clients from unfair collection practices.

 

Unfair Practices

 

According to Brian Linnekens, a debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. Specifically, a debt collector may not:

 

  • Collect any interest, fee, charge, or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law
  • Accept a check or other instrument postdated by more than five days, unless he or she notifies the consumer, in writing, of any intention to deposit the check or instrument; the notice must be made no more than ten nor less than three business days before the date of deposit
  • Solicit a postdated check or other postdated payment instrument to use as a threat or to institute criminal prosecution
  • Deposit or threaten to deposit a postdated check or other postdated payment instrument before the date on the check or instrument
  • Cause communication charges, such as charges for collect telephone calls and telegrams, to be made to any person by concealing the true purpose of the communication
  • Take or threaten to repossess or disable property when the creditor has no enforceable right to the property or does not intend to do so, or if, under law, the property may not be taken, repossessed, or disabled
  • Use a postcard to contact a consumer about a debt

 

Although many of these may seem obvious, Brian Linnekens and his attorney network have found that many debt collectors still use these tactics to try to harass clients.  But with proper representation, most if not all of these practices can be stopped, allowing for a civil discourse between debtors and collectors.

 

This website is designed to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Use of this website is not intended in any way to create or even to convey the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever.  The Law Offices of Brian R. Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website.  You should consult a lawyer for individual advice regarding your own situation.

Brian R. Linnekens Fights Debt Collectors who use False and Misleading Tactics

Brian Linnekens graduated from UCLA School of Law in 1999. Since that time, Mr. Linnekens has practiced law within a variety of specialties. One of the most impactful practices that Brian Linnekens has developed is based in the Fair Debt Collection Practices Act, commonly referred to as the FDCPA. The FDCPA is a very powerful Federal law designed to protect consumers. According to Brian Linnekens, many individual states also have enhanced protections under their own expansions of the FDCPA which extend the requirements to original creditors, not just secondary collectors. These various laws prohibit debt collectors (and often original creditors) from using dishonest and abusive methods of collecting money owed.

False or Misleading Representations

Brian Linnekens informs his clients that a debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. Specifically, a debt collector may not:

Falsely represent or imply that he or she is vouched for, bonded by, or affiliated with the United States or any state, including the use of any badge, uniform, or similar identification

Falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt

Falsely represent or imply that he or she is an attorney or that communications are from an attorney

Threaten to take any action that is not legal or intended

Falsely represent or imply that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person, unless such action is lawful and intended by the debt collector or creditor

Falsely represent or imply that the sale, referral, or other transfer of the debt will cause the consumer to lose a claim or a defense to payment, or become subject to any practice prohibited by the FDCPA

Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer

Communicate, or threaten to communicate, false credit information or information that should be known to be false, including not identifying disputed debts as such

Use or distribute written communications made to look like or falsely represent documents authorized, issued, or approved by any court, official, or agency of the United States or any state if the appearance or wording would give a false impression of the document’s source, authorization, or approval

Use any false representation or deceptive means to collect or attempt to collect a debt or to obtain information about a consumer

Fail to disclose in the initial written communication with the consumer, and the initial oral communication if it precedes the initial written communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.

In the event that a debt collector commits any of these acts, Brian Linnekens advises clients to keep accurate records of such violations. Armed with accurate activity logs, Brian Linnekens and his team are capable of holding the collectors accountable for their actions.

In addition, Brian Linnekens has explained that there are certain other more refined violations that may occur in connection with threats of a legal nature. These include:

Falsely represent or imply that accounts have been sold to innocent purchasers for value

Falsely represent or imply that documents are legal process

Use any name other than the true name of the debt collector’s business, company, or organization

Falsely represent or imply that documents are not legal-process forms or do not require action by the consumer

Falsely represent or imply that the debt collector operates or is employed by a consumer reporting agency

Many clients of the Law Offices of Brian Linnekens have found that debt collectors are often not aware of these restrictions, or are too careless to follow these guidelines precisely. Brian Linnekens and his team of attorneys around the country have helped minimize these violations and provide protection for clients who have been victimized by any of the foregoing.

This website is designed to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Use of this website is not intended in any way to create or even to convey the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever. The Law Offices of Brian R. Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.