The Fair Debt Collection Practices Act (FDCPA) protects debtors from harassment by debt collectors. If a collector has violated the FDCPA, you can sue the collector in court.
Statutory Damages of $1,000
Above and beyond what the consumer might collect for losses related to lost wages, psychological distress, and the like, the FDCPA allows a consumer to recover damages up to $1,000 from the collector. Because the FDCPA says that the consumer can recover “up to $1,000,” the amount awarded could be less.
The court can award these damages if the consumer proves the collector violated the FDCPA, but the consumer does not have to prove that the violation caused any harm. This $1,000 is per lawsuit—not per violation—so if the creditor violates the FDCPA once or multiple times, the consumer still only collects up to $1,000.
Attorneys' Fees and Costs
In cases where the debtor successfully proves that a FDCPA violation occurred, the court may allow recovery of attorneys' fees and costs. This recovery is especially important because without this reimbursement, debtors might not be able to afford to bring FDCPA actions against unscrupulous debt collectors.
The Debt Collector Stop Sending Letters
Letters from debt collectors can be nearly as aggravating as telephone calls. Enforcement of the FDCPA against overly aggressive debt collectors can stop the daily flood of collection letters.
If the actions of a debt collector violate the FDCPA, and the debtor has suffered damages as a result of these actions, suing the debt collector under the FDCPA might give the debtor some real relief. Not only could it stop the harassing phone calls, a FDCPA claim might also allow the debtor to recover for physical, emotional, and monetary damages suffered.
If you think a debt collector has violated the FDCPA when trying to collect a debt from you, contact Tariq Law. We offer case evaluations for $99-$249 fee. We analyze your individual situation and advise you about your rights and options under the law.