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Illegal Debt Collection

Debt and Money

Illegal Debt Collection

Illegal Debt Collection and the FDCPA

The Fair Debt Collection Practices Act (FDCPA) provides protection to consumers in situations where third party debt collectors are attempting to collect a debt. This law requires debt collectors to be honest, treat consumers with respect whether they owe the alleged debt or not, and to not use unfair means while collecting the alleged debt.

If a debt collector violates the FDCPA, a consumer can bring a claim against that collector in Court and obtain monetary relief for the violation.

The FDCPA specifically provides for statutory damages of between $100-$1000 per action brought in Court plus reasonable attorney fees and costs. A consumer can also be entitled to compensation for violations that must be determined on a case by case basis.

You will never owe us anything to bring your case. We work on a contingency basis or, if awarded by the court, the debt collectors pay our attorney’s fees.

In all FDCPA cases, it is extremely important to document all collection activities. We often have new clients call and tell us they are being bombared with calls and do not know which way to turn. At the very least, we must know who is calling and what they are calling about. Remember to save all voice messages left on home and wireless phones and document all collection activities.

There are numerous ways a debt collector can violate the FDCPA. The main ones we encounter are:

  • Calling and/or leaving messages without disclosing the call is from a debt collector
  • Calls to third parties (anyone other than you or your spouse)
  • Attempting to collect a debt that cannot legally be collected (discharged in bankruptcy, settled, etc)
  • Using profanity or other deceitful language in order to pressure you into paying the alleged debt
  • Calling before 8:00 AM, after 9:00 PM, or multiple times per day