Debt Collection In Ohio: Your Rights Under The FDCPA And The Ohio Consumer Sales Practices Act
When you’re dealing with debt, the last thing you need is a collector calling nonstop, threatening you, or pressuring you into paying money you don’t owe. Unfortunately, many Ohio consumers experience exactly that. The good news is that both federal and state law give you strong protections — and you have more power than you probably realize.
Two major laws apply to most debt collection situations: the Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practices Act (CSPA). Together, they create rules collectors must follow and give you the ability to hold abusive companies accountable.
How the FDCPA protects consumers
The FDCPA is a federal law that applies to third-party debt collectors, collection agencies, law firms hired to collect debts, and debt buyers. Under the FDCPA, a collector cannot:
- Harass or abuse you
- Call repeatedly to annoy you
- Use threats, intimidation, or profanity
- Lie about what you owe
- Pretend to be law enforcement or a government agency
- Contact you after you send a written request to stop
- Call you at work if you tell them not to
- Contact friends, family, or employers about your debt (except to confirm basic location information)
Collectors must also give you accurate information. They must tell you the amount of the debt, who the original creditor is, and how to dispute the collection if you believe it’s wrong.
If they violate these rules, you may be entitled to statutory damages, compensation for emotional distress, and payment of your attorney’s fees.
How the Ohio Consumer Sales Practices Act protects you
Ohio’s CSPA goes even further. It covers a wide range of unfair or deceptive practices, including those by original creditors, not just outside collection agencies. This means that if a bank, lender, credit card issuer, or service provider misleads you, charges junk fees, or misrepresents your account, the CSPA may apply.
Under the CSPA, you may have claims if a company:
- Misstates the amount you owe
- Adds unauthorized fees or interest
- Threatens actions it cannot legally take
- Fails to properly apply payments
- Misrepresents your rights or options
- Provides false information to credit reporting agencies
- Uses overly aggressive or deceptive billing practices
Depending on the type of violation, you may be entitled to treble damages (three times your actual losses) or statutory damages, plus attorney’s fees.
Documentation matters
If you think a collector or creditor is violating the law, start keeping records immediately. You should save:
- Letters and emails
- Voicemails or call logs
- Screenshots of text messages
- Billing statements
- Any notes about threatening or misleading calls
The more documentation you have, the easier it is for an attorney to prove your case.
Talk to a Dayton, OH, Creditor Harassment Attorney Today
Kohl & Cook Law Firm, LLC, represents the interests of Dayton residents who are being harassed by debt collectors. Call our Dayton FDCPA attorneys today to schedule an appointment, and we can begin discussing your next steps right away.
