5 Excuses Your Boss May Give You For Not Paying Overtime

The idea behind the movie “Horrible Bosses” was not dreamt out of thin air. Regardless of your critique of the movie, I think we are all well aware that not all bosses are great. In fact some are downright horrible. Hopefully you have not had the unfortunate pleasure of working under one, but if you have you know how miserable life can be for forty hours per week. Or more if you count overtime.

Speaking of overtime and horrible bosses, some bosses even go to great lengths to withhold hard earned overtime pay from their employees. You are legally entitled to an overtime pay rate if you work over forty hours in a workweek and are a non-exempt employee. So what do these horrible bosses commonly use as excuses for not paying overtime?

You Are Exempt
One common excuse that employers use to avoid paying employees overtime is claiming that the employee is exempt. To verify if you truly are exempt, you will want to run down the list of exemptions.

If you are a salaried employee, you are more than likely exempt. However, there is a caveat to this but more on that later. Another common exemption relates to job duties. For example, if your primary duties contain any supervisory role, you are usually exempt. The key to this is determining if your primary job duties consist of managerial or supervisory role. Simply having the job title of “Managing Supervisor” does not mean that you are exempt.

Executive, administrative, and professional job duties are also considered exempt. Professional job duties include doctors, lawyers, teachers and others.

You Are a Salaried Employee
As mentioned earlier salaried employees are typically exempt. In fact, most employers believe that any salaried employee loses their right to overtime pay. However, this is untrue. If you are not making at least $455 per week in salary, you are still entitled to overtime pay. Currently, this rate is in debate for being raised. Additionally, you must still fit into one of the other exemptions as state by the Fair Labor Standards Act.

That Was Off-the-clock Work
Another common excuse employers give to avoid paying you overtime is that the work you did was off-the-clock.

There are a number of ways in which employees can force you to do off-the-clock work. A common way is to make you work through your lunch or your break even though you’ve clocked out. They could also demand that you stay late, even if you’ve clocked out. Some employees do not even have a physical system for clocking in and out. In this case you are most likely required to keep a timesheet in which you are marked for eight hours each day, even though you worked through your lunch or stay late.

Hours Worked From Home Don’t Count
Another common example of employer excuses for not paying overtime is not paying your for the time you worked at home. Some jobs require that you respond to emails, texts, or phone calls even after you have left the office and are home.

If you are an hourly employee, you are entitled to earn your wage during that time period. So if you have spent an additional thirty minutes responding to emails before bed, make a point to track that time and add it to your daily total. Some employers think that they can get away with not paying you since you are not physically in the office.

Preventing You From Clocking In
The list of excuses continues as some bosses will actually require that you be in the office or jobsite at a certain time, but prevent you from clocking in until later. For example your boss may require you to come in at 8 a.m. but not allow you to clock in until 9 a.m. when the main business hours start. Regardless of if you are doing work in that hour or not, you are still legally entitled to that hour of pay. Your time worked starts the moment you enter the workplace.

All of these excuses can lead to employees missing out on some serious overtime pay. If you feel you have been cheated from overtime pay, you can contact your local labor commissioner or get in touch with an attorney that specializes in overtime wage disputes.

What is the FLSA (Fair Labor Standards Act)?

History of the Fair Labor Standards Act

The Fair Labor Standards Act, or FLSA, was first past in 1938 to establish 44 hours as the absolute maximum workweek. One of its primary intentions upon inception was to combat child labor, therefore keeping minors from being legally able to engage in any workforce considered to be oppressive to children and youth. In the process of the act's development, however, minimum wage and the time-and-a-half requirement for overtime pay within applicable job situations became established as this federal law went into effect.

Over the past 76 years since the FLSA was first past, many amendments have been made to it. These have included the specific amount of minimum wage, explanations regarding the types of jobs eligible for the overtime pay set forth within the law, and changes to the maximum legal workweek. Other amendments have been designed to prevent age discrimination, to extend the law's benefits to employees of the U.S. government, and to protect migrant and agricultural laborers.

The Present State of the Fair Labor Standards Act

In addition to the minimum wage, overtime pay, and child labor considerations that have been part of the FLSA since its beginnings, recordkeeping is now an essential aspect of upholding this law. An authorized government-endorsed poster must be displayed including all of the active FLSA requirements for employees to use for quick and easy reference.

As of July 24, 2009 the minimum wage mandated through an amendment to the FLSA is $7.25/hour. Individual states, however are entitled to choose their own rate of minimum wage. Nevertheless, if a particular employee is covered under both the federal and state minimum wage laws, then he or she is required to receive the greater amount between the federal and state minimum wage requirements.

Applicable employees must receive overtime pay for any workweek exceeding 40 hours. The time-and-a-half standard originally set in 1938 remains the minimum legal expectation for overtime pay today. However, there is no longer a limit on how many hours an eligible employee can work within a week, as was the case with the original act's limitation of 44 hours. The FLSA defines working hours as any time an employer requires his or her employees to be at a designated work site or whenever an employee is labeled as on duty through clocking in or other tool through which hours are tracked.

The child labor aspects of the law central to its original purpose are still in tact. The emphasis has shifted, however, with cultural changes over the past several decades. As such, the current weight is placed on the protection of minors' educational needs and the legal requirements therein. For a complete guide to all the current guidelines in place as a result of the FLSA, please click here.

Eligibility Requirements for Applicability of the Fair Labor Standards Act

The FLSA covers all employees engaged in the work of interstate commerce. This includes production, sales, transportation, and other involvement with work related to this manner of business. A company becomes subject to the FLSA when it fits one of three following categories.

The company's overall annual income reaches or exceeds $500,000.

The business is a hospital, school or other facility primarily purposed in health care or education.

The organization operates as an aspect of a larger public entity.

It must be realized, however, that some companies are subject to the minimum wage requirements while not themselves an organization covered by the entirety of the FLSA. As such, it is necessary for both employers and employees to be intimately familiar with the specific regulations and exemptions involved in the FLSA as outlined in the "Handy Reference Guide to the Fair Labor Standards Act" linked above.

Employees defined as domestic service workers are eligible to receive all the benefits of the FLSA if their wages in 2010 were $1,700 or more or if they work eight hours or more each week. Employees who receive tips that exceed $30 per month are exempt from the standard minimum wage. Instead, employers must pay these workers a minimum of $2.13 on top of the tips obtained. Employees under the age of 20 likewise have a different minimum wage according to the FLSA than the general figure, though it is only in effect for the first 90 days of their employment. $4.25 is the minimum legal hourly wage for employees in such circumstances; after the initial 90 days of employment, their wages must increase to the standard $7.25 per hour.

Legal Services for Violations of the Fair Labor Standards Act

Employees who have experienced unfair treatment from their employers may work with an overtime attorney to help obtain the justice and compensation to which they are entitled. Vethan Law Firm specializes in representing clients who have been victims of FLSA violations. Vethan's overtime lawyers ensure that clients receive the payment they are entitled to according to the act and its individual implications within the state of Texas. They have significant documented success at combatting the common excuses given by employers for noncompliance to the FLSA. They are experts in every detail of the FLSA, therefore able to guide clients in understanding if they have been treated unfairly according to the act and if so, how to proceed in a manner that will result in the deserved compensation.

John West is a legal writer in Houston, Texas.

What Happens if You Are injured in a Public Bus Accident?

Bus accidents, while less frequent than smaller vehicle accidents, still happen. When they do, it can be mayhem all around because of the size and the number of people in the bus. That said, no one knows when accidents can happen. The only thing we know is what to do in the event of one.

Of all vehicle accidents; bus accidents tend to sustain the highest number of fatalities. This is further confirmed by the National Highway Transportation Safety Administration (NHTSA) which says the statistics point to roughly a 37% fatality rate. This is not surprising given the lack of safety features like seatbelts in buses.

The following outlines the important things that we consider extremely useful and helpful in keeping you alive, and most importantly, helping you get the required treatment you need to get healthy and stay alive.

Determine Liability

This is the very first thing you need to do. What caused the accident? Who was at fault? Was it the driver or the other party? Did the other party suddenly cut in front of the bus, thus causing the driver to swerve suddenly resulting in a loss of control? Was the road too wet for traction? Alternatively, was the driver speeding in wet or snowy conditions?

Did the accident happen as a result of a lack of maintenance by the bus company? Did the bus company intentionally overlook some mechanical and electrical issues just to cut costs and save money? Was the accident caused by a jaywalker or an individual who wasn’t alert? Was it caused by an animal suddenly running across the road?

Did the driver suffer from a heart condition that could have impaired his driving? Was the driver too tired or was he suffering from sleep deprivation? Is it possible that he wandered off the road whilst dozing or lost concentration while at an intersection? There are so many questions that you need to ask to prove who was at fault. Starting with these will usually get you started and point you in the right direction.

File Claims for Medical Treatment

Once you get yourself or are checked into the hospital by the EMTs. You or a close family member should start filing for your insurance claims if you have any. It does not matter that the accident is minor or severe. Just make sure that you get a physical within 48 hours after the accident.

This is because going to the hospital after 72 hours will impact your payout negatively. So, make sure you have a clear detail of everything you remember that happened before during and after the accident.

Admittedly, this might be a bit difficult if you suffered a moderate to severe accident. However, whatever you can remember should go in a detailed report. Please note that the claims process is different when the driver's employer is the government.

Suing the Driver and Bus Company

To do this, you would need to get in touch with a seasoned and experienced personal injury and bus accident lawyer. This has to be specific because there are various rules regarding public transport that he will be familiar with. He’ll be able to give you a realistic outlook and possible results based on his experience with such accidents.

If the bus is run by the state government, then the whole thing will take a different turn and can be pretty complicated. Whatever you do, don’t do this alone. Let the lawyers advise you accordingly and take care of any issues that might arise from taking the insurance companies to court if they fail to compensate you adequately.

When not writing, Oscar King works for the Florida Department of Transportation, and has dealt with a number of these sorts of accidents. When they do happen, he usually refers people to Orlando Attorney David Heil for the best consultation and legal reprsentation.

July 29, 2014 is a HOLIDAY in the Philippines

Proclamation No. 826. Declaring Tuesday, 29 July 2014, as a regular holiday throughout the country in observance of Eid'l Fitr (Feast of Ramadhan).

Please be guided.

4 Tips for Getting Compensation for Soft Tissue Damage After an Accident

Soft tissue damage like a whiplash or a sprain is very common among car accident victims. However, unlike other types of injuries involving broken bones, damaged organs and torn ligaments, some soft tissue injuries like whiplash can be quite difficult to prove to your insurance providers or in a court of law. This can often impact your compensation or payout. But, armed with the right information, you can get maximum payout for any soft tissue damages you might have sustained in a car accident.

Take All Preliminary Steps
 Admittedly, getting the other party’s details is the last thing on your mind when you’re injured in a car accident. However, if you’re conscious and able to do so, this is extremely important. Try and get their contact phone number, insurance details, and vehicle plate number, before going to the hospital or leaving.
If it’s necessary, contact the police (usually necessary anyway in most car collisions), then get immediate medical help regardless of whether you feel any pain or not. Some soft tissue injuries do not show up until later. Then, take note of all expenses and costs incurred during the period of treatment.

Consult With a Personal Injury and Car Accident Attorney
This might seem unimportant or even unnecessary at the time, but you’ll find that it’s an excellent decision when you’re suddenly out of pocket by thousands of dollars and wondering how you can get it all back.
Compensation from the insurance provider is meant to help you get back to where you were financially before the accident. And the best way to go about it and get speedy results is by consulting a lawyer. Taking this preemptive step, particularly when you’ve just started seeking medical help, can and will help you in recovering all the money spent on your treatment.

Gather All Documents and Evidence
If you have spent any money or have evidence that points to the fact that you have some serious soft tissue injury, or any other evidence that you think will help your case, get that information together before or during the consultation with your lawyer. You will also want to include a demand letter among the evidence that you gather. Often times, insurance adjusters will try to readjust your claims with the excuse that it’s possible you already had a pre-existing condition or that your injuries aren’t as severe as you say they are. This demand letter will include the details of the accident, the impact of the injury on your work and personal life, present treatments you’re getting and possible future treatments if there will be any.

The demand letter should contain every single important detail you can recall. If you have a video recording or pictures of the accident scene, you should include them along with your demand letter. This is what you’ll present as evidence when you file your compensation claims.

Attempt Settlement Negotiations
Usually, with enough evidence and proof, the defender will probably decide to settle out of court. Just make sure that the settlement covers everything you need it to, this is where your lawyer comes in. He’ll be able to properly assess the offer and advise you accordingly.

If your lawyer says the settlement is appropriate, and you feel it is reasonable, you might want to take it. However, if a reasonable settlement cannot be reached, then you will probably need to take the case to court.

If you decide to file personal injury lawsuit, make sure you get a highly experienced personal injury attorney. This will really help your case in court and will be instrumental to helping you get the best compensation payout possible.

Sources:
http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/writing-a-demand-letter-a-car-accident-insura

Oscar King is a recent graduate from FSU School of Law and is presently employed as a personal injury lawyer in the Tallahassee area. Originally from Melbourne, he recommends those seeking personal injury care in that area consult with the Law Offices of David R. Heil if they should need legal consultation after an accident.

5 Important Questions to Ask Yourself Before Filing for Divorce

The emotions are boiling over and you’re at your wits end. Maybe you’re emotionless because you’ve already given up on the situation.

Whatever the emotion, or lack thereof, the realities of filing a divorce are a little different – they must be looked at rationally. I fully understand how difficult this may be, given the nature of the problem, but asking yourself a few vital questions prior to filing for divorce will save you from further headaches in the future.

Going after what makes you happy and never settling for things that act against your character are two very important ideals. But unfortunately, the world does not always support ideals and you must make decisions that sacrifice (or at least bend) some of your principles. Hopefully, these five questions will help you with your dilemma.

Questions to Consider

Have You Thought About the Consequences? – Assuming that the divorce is not due to abusive treatment or unfaithfulness, have you really thought about what this decision will do to others? If you have a family or struggle alone financially, you may want to really think about whether the divorce is rational or just emotions getting in the way. All marriages have fighting, but asking the true questions of love and commitment may be needed if you have other real-world obligations.

What about the Children? – Many people in modern society claim that you’re not truly married until you have kids. Children are a blessing, but also provide another layer of commitment on the part of adults – both to each other and the new family. When kids are involved, other lives are at stake in your decisions. Ask yourself, “Who will care for the kids?” Many marriages actually stay together because of children, which could be a blessing or a curse, depending on the real problems of the adult relationship. Identifying these problems is crucial to deciding whether to stay together or divorce. Will the child be better off with two separated parents or a potentially dysfunctional family?

Are We Financially Capable of Divorce? – Finances are considered the number one reason for divorces or continual family problems. Ironically, they are also one of the biggest reasons why adults stay together. Joint incomes and tax filings favor marriages in the United States and people find living together as a married couple is more affordable and manageable. In fact, many older Americans (maybe previously divorced) will marry a friend or long-term girlfriend purely for the financial benefits of not being alone. Rationalize the real reason for your divorce and conclude whether you’re divorcing for happiness or because of recent arguments.

It’s a Long, Long Road to Normality – Not only are there emotional rollercoasters associated with divorces, but other issues will also come into play. Temporary orders may be made for custody and financial support, but eventually a lawyer needs to be hired and custody courts will decide who obtains custody of the child and what the financial break-ups may be. After going through this process, many couples decide to stay together because they know the ramifications of their decisions. In fact, courts have a “cooling-off” period built in because of amount of couples who reconsider their decision.

Living Conditions and Ownership – Particularly with families that split responsibility for financial obligations, have joint bank accounts, and co-sign loans or mortgages, divorcing is not simply “putting pen to paper.” There are processes that must be handled during busy schedules that could carry on for long periods of time. Both parties will be responsible for the debt obligations and mortgage payments, and joint bank accounts must be closed to secure cash for both parties.

Every problem has a solution in the world, it’s just that some of them are harder to solve than others.  Ask yourself if you’re willing to solve it and what the possible consequences are for finding a solution.

How to Prevent Slip and Fall Accidents in the Workplace

Prevention is often the most cost-effective approach to solving a potential problem. Many businesses don’t worry about safety procedures until it’s too late and a lawsuit is in the works – some companies actually assess the risk of injury or death and do noting as a result.

I feel that ensuring the safety of your workers and customers is paramount for the longevity of a company or organization because of the intangible costs if an accident occurs. Rather than the traditional, “If this happens, it will cost this much,” many safety professionals believe that productivity loss, potential business loss, and image degradation are also in the mix after an accident occurs within your company.

Take BP for example – when the spill occurred, BP’s stock plunged into the depths of the abyss, along with the oil. The company spent years attempting to re-invigorate its image after shattering it in the Gulf of Mexico. Wildlife, employees, managers, and shareholders were all affected by the lack of control and prevention.

In the case of slip and fall, which is one of the most prominent forms of worker injury and death, prevention is often the key to success.

How to Prepare

Fall protection – This practice is mandated by OSHA in situations where workers are elevated or suspended in the air above six feet. When working on a platform, even if the worker slips and falls, fall protection will ensure the safety of the worker while help arrives.

If you’re in construction and have workers on rooftops laying materials, anchor points and continual hooking areas are needed as workers span the distance of the roof-line. Without proper fall protection, a simple slip and fall could cost someone their life.

Good Housekeeping Practices – Ensure that training allows workers to identify slippery, wet areas and deal with issues on the spot. Most accidents occur when people fail to take responsibility for a situation and leave dangerous areas untreated. Poor housekeeping or pre-shift and post-shift checklist practices for slippery areas can cause a buildup of hazardous materials within a factory or workplace floor. Ensure that your staff is organized and oversee quality control on a daily basis for best practices.

Provide Safety Shoes – Most safety shoes are slip-resistant and have great traction abilities. Offering these shoes to your employees is essential to the prevention of slip and fall accidents. Even with superior training and housekeeping practices, sudden accidents may occur. Protective footwear will lower the chances of a worker falling due to an unknown spill or wet surface.

Proper Labeling – If the floor is wet, label the area with a barrier or sign clear from all angles. This will help alert workers of potential danger and allow avoidances within the workplace.

Eliminate Obstructed Views – About 65% of all falls occur on flat surfaces, at the same eye level of the worker. These falls do not have fall protection because the worker is not elevated, but nonetheless, major injuries can occur from tripping or slipping on flat surfaces. Keep all areas of employee movement throughout the workplace accessible and unobstructed. Objects in the middle of the floor can trip employees if they are not aware of their surroundings during operations. In addition to removing obstructed views, ensure proper lighting is available to workers, especially if the site is remote and widespread.

This article was written by Matthew Hall.  Matt is currently a law student at Stetson Law in Sanford, FL.  When Matt is not busy studying for is law classes, he enjoys researching and writing articles on various topics of law.  Matt has recently been authoring articles on behalf of Heil-Law, the premier medical malpractice attorney in Central, FL.  If you would like to read more of Matt's work, you can visit him on Google+.

How To Get Your Security Deposit Back

At the end of a tenancy period, the main prerogative of the departing tenant is to ensure their security deposit return. The money will have been held in a Tenancy Deposit Scheme, to protect it until such time an agreement has been reached between landlord and tenant, when the money will then be refunded.

How can you do this?

A good place to start is before you move in. Look up the rental company and landlord details as well as property details. Make sure you are dealing with a genuine partner. Some landlords have bad reputations and you will be able to find this out online.

Read your tenancy agreement carefully, to make sure you are familiar with all the terms you will agree to. If you disagree with anything, then be clear about the changes you want made before you agree.

Read through the inventory you are provided; make sure it is accurate ad clear. Make sure that the statements of conditions of the property are right. you don’t want to end up paying for damage you didn’t cause. It can help to take photos of the condition of the property before you move in.
Make sure any amendments you want to make to the agreement or inventory are agreed by the landlord. Make sure they sign the documents once the changes are made.

Living in your rented property

Honesty is the best policy here. If anything in your rented property isn’t working properly or breaks, tell your landlord straight away so they can arrange its repair or replacement. This needs to happen to make sure you are not blamed for damage you didn’t cause.

It is also really important to keep your rented property in a good condition at all times, to avoid questioning of your standard of care later on. Make sure you keep everything clean, and clean up any spillages as soon as possible to avoid stains. It can be worth finding paint to match your walls in case you mark the walls. Repairing this yourself will eliminate the probability of you being charged for it at the end of your tenancy.

Often when you move in to a rented place, you will be required to pay a cleaning deposit. If not, the property will be professionally cleaned and you will be required to pay for a professional cleaner when your tenancy comes to an end. This can also help to rectify any problems that might mean you lose your security deposit.

What is most important?

It is wise to try to adhere to the agreements you made in your tenancy agreement at all times. This will reduce the chance of you being charged for damage later on.

You should also maintain clear communication with your landlord, and endeavour to keep records of all communication you make for the avoidance of doubt at the end of your tenancy, and to serve you in the event of a tenancy deposit dispute.

Make sure you get help today, get in touch with Piglord.

Here is information if you are considering private renting in the UK.

Cheryl Chapman is a legal writer for various solicitors on the web. You can find her on Google plus here

Motorbikes, Accidents, and Compensation Claims

At Carry on Biking, we love motorbikes! We specialise in representing riders who have been involved in an accident because we are bikers ourselves, and we understand why you are making a claim.

Why make a compensation claim?

We want to pursue your claim according to what you want.

Have you been involved in a motorcycle accident?
Was it the fault of another road user?
Was the road poorly maintained and the cause of your accident?
Was it due to negligence?

Whatever the cause after an accident some riders feel the need to seek compensation as a way to move on or to get over the event. We understand this, and we want to help. You may feel angry, and want the person responsible to be held accountable for their actions. If your accident is the result of someone else’s negligence, we want to help you.

Of course some riders make the claim to compensate for the financial implications of the accident. Loss of earnings, necessary private medical care and rehabilitation therapy programmes, sometimes even costly lifestyle adjustments that have had to be made to accommodate long term physical disability sustained in the accident.

If the injuries you have suffered are severe and life changing, there is of course a huge impact on emotional and psychological wellbeing. This may need treatment. This may even leave you with lifelong mental health issues. We want to listen to you, to what happened, to why you want to make a claim. We understand why you need to do this.

By pursuing genuine claims for compensation, we are proud to be contributing to the improvement of motor biking conditions in the UK. Maximising your recovery of compensation is our absolute priority. We will do so with understanding and years of expertise in this specialist field. This is hard enough for you. We want to share the burden.

Do I have a case to claim for compensation?
Have you been unable to work and earn because of injuries in an accident?
Have you had to seek costly medical care?
Have you had to make any adjustments to your home to accommodate any longer term disabilities caused by the accident?

Have you suffered financial implications as a result of the accident?

If the answer is yes, contact us at Carry on Biking. We know about bikes, we know about riding them and we know about the threats posed to riders on the road. We know about the law around motorcycling. Because we know all of this, we are able to assess very quickly whether or not you have a legitimate claim to make for compensation. If you do we are happy to work with you on a ‘no win no fee’ basis, because we are confident you deserve compensation.

An accident can mean more than just the physical trauma. It can mean longer term difficulties and financial hardship. We understand how difficult this is for you, and we want to lessen the stress involved in making a compensation claim. We want to do the heavy lifting for you.

Here is a site to help bikers compare insurance to get the exact one they need for their bike.

Terry Farley is a writer that works in the Legal market in the UK. You can follow other posts by Terry over here on Google Plus.

What do you need to know about the Fair Debt Collection Practices Act?

Being hounded by debt collectors is a common thing: so common in fact that there are businesses that make millions off of promising clients that they can stop the collection calls. However, did you know there are actually laws and regulations that dictate when a collection agency may call you, and when they are required to stop? Back in 1977, congress passed a law that is known as the Fair Debt Collection Practices Act that regulates the debt collection industry and protects you against unfair, misleading, and other debt collection practices that go from simply unethical to downright criminal. It also provides provisions that TECHNICALLY require them to stop calling you except to inform you that they will no longer be calling you or that they are pursuing legal action against you (with this second part also falling under certain regulations).

What They Can’t Do:

The FDCP prohibits specific activities that debt collectors may use to try and extract a debt from a debtor. Such practices include threats, use of obscenities, falsely claiming to be attorneys or government representatives, discuss the debt with anybody other than yourself or your attorney (if you have retained one), publish a list of those who refuse to pay the debt, and much more. The bottom line of it is that a debt collector is legally barred from lying in order to collect a debt, and legal threats are ESPECIALLY frowned upon (unless they actually intend to carry them out and are legally permitted to do so).

They also aren’t permitted to garnish your wages without a court order: furthermore, threats to garnish your wages without a court order are also illegal, so keep that in mind. Now, keep in mind that a legal threat backed up by a court order is absolutely permitted, but without that court order their threat constitutes a violation of the act.

How You Can Stop Collection Calls:

In addition to the act containing provisions that forbid debt collectors from calling at inconvenient hours (between 9 in the evening and 8 in the morning), there are also ways to prevent them from calling within that time frame. For example: if you verbally or through writing inform them that you are not permitted to receive calls at work (and tell them when you are working), then they will be required to stop calling you at work. Attempting to contact your employer for any other purpose other than to obtain your contact information constitutes a violation of the act as well.

Furthermore, if you provide them with a written letter indicating that they are to stop calling you all together, then they are required to stop calling and may only contact you to inform you they will no longer be contacting you or that they are pursuing legal action. In this case it is highly advised to send the letter by certified mail and pay for a “return receipt” so you can verify the letter was received – at that point they may no longer contact you. You can also stop them if you dispute the validity of the debt, at which point they would be required to supply documentation validating the debt and cannot contact you again until such documentation has been provided.

How You Can Handle Law Breakers:

Now, going through this list, you might discover a debt collector has done one or more of these things to you. Sadly, in spite of the law, some debt collectors choose to ignore the law and employ illegal practices in their attempts to collect. Thankfully, there is recourse: you may file a law suit against the collector for any damages received from their attempts to collect. Even if you didn’t suffer damages, the judge may reward you up to $1000 dollars and require the collector reimburse you for attorney’s fees and court costs. You can also file a complaint with the Federal Trade Commission, your state Attorney General’s office, or the Consumer Financial Protection Bureau.

It is important to note that even if a collector is found in violation of the law that this does not invalidate the debt, you will still be required to pay IF it is a valid debt. However, if you do suffer damages and pursue legal action the court ruling could be enough to cover the debt in full, but do not count on it as without proof of actual damages it would fall under the discretion of the judge in question.

Conclusion:

The FDCP is a valuable tool protecting the rights of consumers from unfair practices utilized by debt collectors. While the Federal Trade Commission still reports tens of thousands of complaints filed in a given year, the fact remains the protection exists, and there is recourse to handle those collectors who go too far. By knowing your rights under the law, and handling things in a rational manner, you can make the law work for you, and make the process of paying back valid debts or erasing invalid ones a far calmer and less stress inducing ordeal.

Sources:

Federal Trade Commision: https://www.consumer.ftc.gov/articles/0149-debt-collection

http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Cornell Law: http://www.law.cornell.edu/wex/fair_debt_collection_practices_act

This article was written by Brennen Kliffmueller.  Brennen is studying law at UCF in Orlando, FL and also works as a legal analyst when he is not studying. In addition to working as an analyst, Brennen enjoys researching various law topics and creating engaging content for the law office of Scott D. Owens.  You can read more of Brennen's work on his Google+ page.