The Fair Debt Collection Practices Act (FDCPA), a federal statute, shields consumers from debt collectors’ aggressive and dishonest tactics. This law provides consumers with certain rights when it comes to dealing with debt collectors. If you have been harassed or treated unfairly by a debt collector, look for FDCPA attorneys who can help you recover damages.
Before we discuss the types of damages you can recover for FDCPA violations, let’s first understand what the FDCPA is and how it protects consumers.
The Fair Debt Collection Practices Act
The FDCPA was passed in 1977 and applies to third-party debt collectors, which includes collection agencies, law firms that regularly collect debts, and companies that buy delinquent debts and try to collect them. The law does not apply to original creditors trying to collect their debts.
The FDCPA forbids debt collectors from employing unfair, abusive, or misleading methods in their pursuit of payment. This includes harassing phone calls, making false statements about the amount owed, or threatening legal action they cannot take.
The law also prohibits debt collectors from contacting you at inconvenient times or places, such as early in the morning or your place of work.
Types of Damages You Can Recover
If a debt collector has violated any of the FDCPA’s provisions, you may be entitled to damages. Let’s take a look at some of the types of damages that can be recovered:
Actual Damages
Actual damages refer to any financial losses you may have suffered due to the debt collector’s actions. This could include lost wages, medical bills, or legal fees incurred due to the harassment.
If you can provide evidence of these damages, they can be recovered under the FDCPA.
Statutory Damages
In addition to actual damages, the FDCPA also covers up to $1,000 in statutory damages. This means that even if you cannot prove any financial losses, you may still be able to recover this amount as a form of compensation for the debt collector’s actions.
Emotional Distress Damages
The FDCPA recognizes that being harassed or mistreated by a debt collector can cause emotional distress. You may be able to recover damages for emotional distress if you have experienced mental health issues as a result of the debt collector’s actions.
Attorneys’ Fees and Costs
If you choose to take legal action against a debt collector for FDCPA violations, you may also be able to recover attorneys’ fees and court costs. This is meant to cover the expenses of pursuing a lawsuit, making it more feasible for consumers to seek justice against abusive debt collectors.
How to Seek Damages for FDCPA Violations
If you believe that a debt collector has violated the FDCPA, there are steps you can take to seek damages:
Keep Complete Records: It’s important to keep track of all correspondence you have with the debt collector, including phone conversations, emails, and letters.
Submit a Grievance: The proper places to file a complaint are the Consumer Financial Protection Bureau or your state’s Attorney General’s office.
Consult an FDCPA Attorney: A skilled FDCPA attorney can help you comprehend your rights and navigate the procedure of claiming damages.
Stay Free!
The FDCPA provides consumers important rights and protections when dealing with debt collectors. If these rights have been violated, you may be entitled to recover damages for financial losses, emotional distress, and more.
It is important to document any violations and seek a knowledgeable attorney’s help to protect your rights. So, staying informed about your rights and taking the necessary actions if you have been a victim of FDCPA violations is always advisable.
Remember, it is never okay for debt collectors to harass or mistreat you, and the law is on your side to protect you from such behavior. Stay informed and stay empowered as a consumer.
Happy debt-free living!