Subhan Tariq, Esq
What can I do if a Debt Collector violates the FDCPA?
The Fair Debt Collection Practices Act protects consumers from aggressive debt collectors that try to abuse them and use deceitful, illegal, and unfair practices. The Act has provided strict rules about what a debt collector can or cannot do while recovering a debt from you. You have every right to take action against practices prohibited under FDCPA.
If a debt collector harasses you or in any way violates the Fair Debt Collection Practices Act in order to collect debts from you, here is what you should do:
Report the violation to the Consumer Financial Protection Bureau:
Consumer Financial Protection Bureau is a government agency that implements and enforces federal laws related to consumer finance (including FDCPA) and ensures consumer protection in the financial industry. CFBP accepts consumer complaints about the debt collector and passes them on to the collector to work on resolving the issue between the consumer and the debt collector. You can report online at www.consumerfinance.gov/complaint.
Report the violation to Federal Trade Commission:
The Federal Trade Commission (FTC) enforces laws that protect consumers from deceptive and unfair business practices. A consumer can report scams and fraud by debt collectors to the Federal Trade Commission and file complaints about FDCPA violations. Submit a complaint online at www.ftccomplaintassistant.gov.
Report the violation to the state Attorney General:
State laws regarding fair debt collection practices protect consumers against the wrongful tactics of the debt collector. Your state Attorney General’s office receives complaints about debt collectors. If there are sufficient complaints, it may also take legal action against the collector on behalf of the state.
Sue the debt collector:
If your rights were violated, you could sue the collector in a state or federal court under the FDCPA. If you win, you’re entitled to statutory damages up to $1000 and additional attorney's fees and other costs. You must prove the debt collector's violation in court. Sufficient evidence is necessary to prove the violation of the debt collector. The lawsuit must be filed within one year from the date the violation occurred.
Before you decide to take legal action against the debt collector, seek professional advice from experienced attorneys at Tariq Law. We can assist you and guide you regarding your complaint against the collector. Contact us at email@example.com.