Freedom of speech is a personal right granted to all individuals as enshrined by the Constitution. Freedom of speech, however, is not absolute. Freedom of speech is limited when that freedom encroaches on another individual's freedom. Defamation -- the act of creating false statements about a person and communicating those statements to another person, causing harm to the subject's reputation and standing in the community.

Defamation is governed primarily by state law. Although the Constitution and case precedents interpreting freedom of speech also form a crucial part of defamation law. While state law differs as to the specific acts that constitute defamation, the types of harm caused by such act, and the penalties that accompany such act, the general elements that must be proved are basically similar.

Defamation is called libel, when the defamatory statements are printed, written, or broadcasted, and called slander when the defamatory statements are communicated orally. While defamation per se is not difficult to prove as the statements are so vicious the harm is obvious, libel and slander may not be as easy to prove. For one, proving that the false statements were communicated as fact, rather than opinion, is difficult, the aggrieved party would need a lawyer who specializes in these types of cases. Moreover, proving intent and damages require extrinsic evidence that may be difficult to obtain, especially when freedom of speech is taken into consideration. Malice, for one, is difficult to prove as the aggrieved party need to produce clear and convincing evidence that the person who communicated the false statement knew beforehand that the statement was false.

In addition to proving defamation, intent, and harm, one of the more difficult tasks for defamation attorneys is countering the defense's possible argument that the false statement is not defamatory. Typical defense for defamation would be that the statement was an opinion based on accurate facts, minor reporting errors, and the statement was the truth. The U.S. Supreme Court has, in many cases, ruled that government officials, political candidates, heroes, and celebrities are generally exempted from filing defamation cases with respect to their status as public figures, except when malice or intent is proven.

The harm, which include being shamed, hated, or belittled, caused by the defamatory statements gives rise to damages. Most states would require that the damaged party demand a printed retraction of the defamatory statement before proceeding to filing a case in court. If the damaged party decides to sue without first seeking retraction or if the damaged party receives a retraction but proceeds to sue anyway, most states will limit the damages the damaged party may pursue to the actual or special damages they experienced, such as loss of employment or wages. If it is proven that the person who made the false statements acted with intentional malice, then the aggrieved party will be entitled to additional damages, including damages for loss of business. It is thus wise for the damaged party to seek advice from counsel before making any step towards seeking restitution, as making one wrong move could lessen the damages that is due the aggrieved party.

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.