Our Notes

Along the left margin, we have attached notes that explain some common misunderstandings. These are not complete. The FDCPA and the RFDCPA are very technical in nature and violations may occur of which laymen are unaware.

If you have questions about the FDCPA or any statute, you should contact a lawyer.

Fees and Costs

The FDCPA and the RFDCPA do not allow debt collectors to add fees, costs, or other items to the debt unless those fees and costs are specifically spelled out in your agreement. General statements like "You agree to pay expenses required to collect this debt," or, "You agree to pay reasonable attorney fees necessary to collect this debt" are not adequate.

In this example, a collector for a home owners association was demanding a "Collection Fee" and "Collection Costs" that were not spelled out in any agreement with the consumer (See Red Arrows). This violates the law. Further, the collector was tacking on other items that were not expressly authorized in the agreement (See Blue Arrows). The FDCPA states that it is illegal to collect "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

Debt Collection Violations

Excessive Fees

Hyde & Swigart is a California Law Firm Practicing in the area of the Fair Debt Collection Practices Act ("FDCPA"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can help.

DISCLAIMER: The information contained in this website is general information for the public. It is intended to be correct, complete and up-to-date. However, it is not intended to be construed as legal advice and is merely advertising material. The reader should not assume that communication with our office constitutes an attorney-client relationship or protects any confidential information, until a written agreement is signed. Robert L. Hyde and Joshua B. Swigart are licensed attorneys in the State of California, but not currently in Arizona. David J. McGlothlin is solely responsible for the Arizona practice. Although federal laws apply to many consumer lawsuits where they could represent parties nationwide, Hyde & Swigart do not wish to represent anyone from a state where the information contained in this website fails to comply with all laws and ethical rules of that particular state.