Debt Collectors Who Violate the FDCPA
Suing and Reporting Abusive Debt Collectors
You have a right to sue a debt collector for violating the FDCPA. If you win, the judge can require the debt collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages or medical bills. The judge can require the debt collector to pay you up to $1,000.00, even if you can’t prove that you suffered damages.
You can also be reimbursed for your attorney’s fees and court costs. A group of people may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000.00, or 1% of the debt collector’s net worth, whichever amount is lower. A few years ago, I was sent a letter from a law firm about a class action suit that was filed against E-trade. The law firm typically notifies every individual in their records who may be part of the class action that a lawsuit is underway. They require the recipient to sign a form and return it to indicate they wish to be part of the class action.
Even if a debt collector violates the FDCPA in trying to collect a debt, a valid debt will not disappear. However, if damages are greater than the debt you owe, it will pay for the debt.
Report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission . Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
Always make sure to seek the advice of competent legal counsel if you feel your rights have been abused. In most cases, an attorney may be your best advocate.
To file a complaint or get free information on consumer issues, you can call toll-free 1-877-382-4357 begin_of_the_skype_highlighting 1-877-382-4357 end_of_the_skype_highlighting.