Debt collectors have the right to attempt to collect legitimate debts. They do not have the right to use collection methods prohibited by federal law.
If a debt collector has harassed, deceived, or mistreated you, you may be wondering how to sue a debt collector for FDCPA violations.
The Fair Debt Collection Practices Act, commonly called the FDCPA, provides important protections to consumers dealing with covered debt collectors.
In some circumstances, consumers can bring lawsuits against debt collectors that violate the Act.
What Is the FDCPA?
The FDCPA is a federal consumer protection law governing many activities of debt collectors.
Depending upon the circumstances, prohibited practices can include:
- Repeated calls intended to annoy or harass
- False statements about the amount or legal status of a debt
- Threatening actions that cannot legally be taken
- Using deceptive collection tactics
- Improperly communicating with third parties about a consumer’s debt
- Using certain unfair or unconscionable collection practices
Whether particular conduct violates the FDCPA depends on the facts.
Can I Sue a Debt Collector?
Potentially.
A debt collector that fails to comply with the FDCPA can be civilly liable to the affected consumer.
A successful FDCPA claim can potentially involve:
- Actual damages
- Additional statutory damages of up to $1,000 for an individual action
- Court costs
- Reasonable attorney’s fees
The damages available depend upon the circumstances of the case.
How Do I Prove an FDCPA Violation?
Evidence matters.
If you believe a debt collector has violated your rights, preserve as much information as possible.
Save Collection Letters
Keep the envelopes as well as the letters.
Do not write on the original documents if possible.
Save Text Messages and Emails
Take screenshots and preserve the original electronic communications.
Save Voicemails
Do not delete potentially important voicemail messages from collectors.
Keep a Call Log
Write down:
- Date
- Time
- Telephone number
- Name of the collector
- Company
- What was said
- How many times the collector called
Save Court Documents
If the collector or a collection law firm has sued you, preserve every document you receive.
Debt collection litigation itself can sometimes raise FDCPA issues.
Can a Debt Collection Lawyer Violate the FDCPA?
Potentially.
The fact that a collection attempt occurs through a law firm does not automatically place it outside the FDCPA.
The United States Supreme Court has held that attorneys who regularly attempt to collect consumer debts through litigation can qualify as debt collectors under the Act.
That means consumers facing collection lawsuits should consider both:
Do I have defenses to the debt lawsuit?
and
Did the collector comply with consumer protection laws while attempting to collect the debt?
Those are separate questions.
How Long Do I Have to Sue Under the FDCPA?
Timing is critical.
An FDCPA lawsuit generally must be filed within one year from the date the alleged violation occurs.
Waiting can therefore jeopardize otherwise valid claims.
If you believe a collector violated your rights, speak with an attorney promptly.
What Are Examples of Potential FDCPA Violations?
The following situations may warrant further investigation:
Harassing Telephone Calls
Collectors cannot use telephone calls in ways prohibited by the FDCPA, including certain repeated calls intended to annoy, abuse, or harass.
False Statements
A collector generally cannot falsely represent the character, amount, or legal status of a debt.
Improper Threats
Collectors cannot lawfully threaten certain actions they cannot legally take or do not intend to take.
Third-Party Communications
Federal law restricts when debt collectors may communicate with other people concerning a consumer’s debt.
Unfair Collection Practices
The FDCPA also prohibits certain unfair or unconscionable means of collecting debts.
Do I Need an FDCPA Attorney?
Consumers are not necessarily required to hire an attorney simply to assert that their rights have been violated.
However, FDCPA litigation can involve complicated questions concerning federal law, evidence, damages, court procedure, and the identity of the proper defendants.
There is another important consideration.
The FDCPA provides for reasonable attorney’s fees and costs in successful consumer actions.
That fee-shifting provision was designed to make it possible for consumers to enforce their rights even when their individual monetary damages are relatively modest.
Talk to an FDCPA Attorney
If you believe a debt collector has harassed, deceived, threatened, or otherwise treated you unlawfully, preserve the evidence and seek legal advice promptly.
Ginsburg Law Group represents consumers in FDCPA and other consumer protection matters.
Contact us to discuss whether the collection activity you experienced may violate federal or state law.
This article provides general information and does not constitute legal advice. Whether the FDCPA applies and whether a violation occurred depends upon the specific circumstances.
