FDCPA offers consumer protection against excessively aggressive debt recovery actions by debt collectors and debt-recovery agencies. The FDCPA is a federal debt collection practice. If in your dealings with you, a bill collector has violated federal law, you can take steps depending on what you want. These include the suing of debt collectors, reports to government agencies on collectors, and use of infringement as a debt negotiating tactic.

• Physical distress damages

Some debtors are physically damaged by debt collection calls and letters, including heart problems associated with stress, migraine headaches, skin rashes, and so on. Initially, any health issues should be addressed with a qualified doctor. To document all health concerns, the debtor should contact a lawyer (https://www.paulmankin.com/creditor-harassment.) If the health issues can be linked to violations of the FDCPA, the debtor could recover the costs of treating the debt collector and other damage.

• Emotional distress damages

Returnless telephone calls and letters from the collection can cause real stress and influence the emotional welfare of a debtor. Also, the relationship between the debtor and other linkages could be affected.

Calls to debtor staff and family members may also be an unbelievable invasion of confidentiality. All such events should be documented with an attorney and discussed. The defective debt collector could be held responsible for this distress, and the debtor could recover from the collector of the debt.

• Recovered lost wages

Debtors may encounter work-related problems because debt collectors call for and disrupt the productivity of the debtor and its coworkers’ productivity. If debtor collectors violate the FDCPA by calling the employer of the debtor, the debtor could recover lost salaries.

In the State Court, sue the debt collector.

The consumer may refer to the debt collector to a court of law. You must prove in the proceedings that the debt collector violated the FDCPA. If you succeed, you can collect $1,000 in statutory damages and possibly more if the violations have damaged you.

A lawyer in these proceedings almost always represents the consumer. The sum of money for which the consumer sues includes the legal fees and costs of the consumer. In the State Court, the time required and lengthy remedies are almost always the longest, but the consumer can get the most significant monetary damages through a successful action.

FDCPA Law Proceedings Limitations Statute

Under the FDCPA, the proceedings for alleged FDCPA infringements shall be brought “within one year from the date of the infringement.”

For consumers who don’t wish to hire a lawyer or spend the time required in a fully-fledged state court lawsuit, small claim courts can be better choices. Small claims tribunals allow people to argue their case without a lawyer and by speedy proceedings. In general, these courts offer a shortened hearing to the consumer to discuss the lawsuit against a judge.

In general, to start the case, you file a simple document in court. In general, hearings take place less than two months following the filing of the lawsuit. The judge can decide on the spot at the conference or take the case “under presentation,” and email you the ruling later.

The downside of using small claims courts is that small claims courts will reduce the number of damages you can get.

Tell the Government Agency of the action.

It is the responsibility of the Federal Trade Commission (FTC) to monitor debt collection and to ensure that no violations of the FDCPA take place. Consumers can get FDCPA concerns in contact with the FTC.

Consumers may also contact the Consumer Financial Protection Bureau (CFPB). The CFPB receives consumer complaints, transfers these claims to the creditor, and works with the consumer and the creditor to resolve the issue.

Report the action to the State Prosecutor General.

The debt collector may also violate state laws in addition to violating FDCPA. In order to receive guidance on the possible FDCPA action and possible government actions against a debt collector, the consumer may want to contact the state prosecutor’s office. Many of them receive debt collector complaints as well, which may be prosecuted on behalf of the State if they get enough against one collector. See State Consumer Protection Offices find the office of your state.

When a debt collector’s actions violate the FDCPA, and the debtor suffered losses as a consequence of the activities undertaken, the debtor could be given some real relief by suing the debt collector under the FDCPA. The FDCPA claim could also permit the debtor to recover for the damage caused, physical, emotional, and financial, as well as stop the harassing telephone calls.

Takeaway

If you think that when you try to collect a debt from a collector, you will be able to discuss your individual situation with a lawyer which you can find online from firms like Paul Mankin.  They will be able to analyze you and give you advice on your rights and options under the law.