FDCPA (Fair Debt Collections Practices Act)
The FDCPA is a federal act that was enacted to protect consumers from the abusive methods of debt collectors. If a debt collector violates the act, a consumer can recover $1,000.00 in statutory damages (similar to a fine), in addition to the consumer’s attorney fees being awarded.
The following are examples of some of the acts by debt collectors that are violations under the act:
- Communicating with a consumer when the debt collector knows the consumer is represented by an attorney.
- Use of obscene or profane language directed at the consumer.
- Calling a consumer before 8:00am or after 9:00pm.
- Threats of criminal prosecution for failing to pay debts.
- Communicating to a consumer’s friends or third parties about the consumer's debts.
- Threatening to take any action that cannot be taken or is not intended to be taken.
- Impersonating a law enforcement officer.
- Collection of any amount that is not authorized by the agreement creating the debt or permitted by law.
- Threatening to take a consumers property when the debt collector has no right to or does not intend to take the property.
- Calling the consumer’s place of employment if the debt collector knows or has reason to know that the consumer is not permitted to receive such calls at work.
- Calling a consumer repeatedly or continuously with intent to annoy, abuse or harass any person at the called number.
- Failure to disclose when communicating with the consumer that he or she is attempting to collect a debt.
If any of the above acts have been committed by a debt collector you may be entitled to statutory damages. If a violation has occurred, our firm may be willing to upfront the costs and fees in bringing an action against the debt collector. Please feel free to contact us for a FREE CONSULTATION if you think there has been a violation from a debt collector.