If you are dealing with debt collectors, you really need to know that your rights under Federal law.
The Fair Debt Collection Practices Act (FDCPA), protects consumers against deceptive, unfair, and abusive debt collection attempts. In knowing your rights, you will better be able to handle mountains of phone calls to your employer, neighbors, friends, relatives, and to your cellphone. You can stop those people from calling your house, calling you at home, and ruining your life. Did you know that any violation under the FDCPA could allow me to recover at least $1,000.00 one thousand dollars for you?
How abusive debt collection affects people like you
Congress enacted the FDCPA to prevent abusive debt collectors and unfair debt collection. Congress recognized that abusive debt collection contributes to:
- The number of personal bankruptcies;
- Marital instability;
- The loss of jobs; and
- Invasions of individual privacy.
How Can The FDCPA and TCPA (Telephone Practices Collections Act) Protect You?
Generally, the FDCPA protects consumers from deceptive, unfair, and abusive debt collection. Consumers are protected from debt collectors in a number of specific ways.
For example, a debt collector cannot contact you at a time that is inconvenient to you; it is presumed that before 8am and after 9pm are inconvenient times. A debt collector cannot lie to you about anything. For example, a debt collector cannot tell you that if you do not pay the debt, they will send the sheriff to your house to arrest you.
Common abusive debt collection attempts include:
- Excessive phone calls or calls at inconvenient times, including calling you at work;
- Calling a consumer’s family and friends and potentially revealing the alleged debt;
- Threatening to take actions that they cannot take, or do not intend to take, including threats to sue on a time-barred debt;
- Calling a consumer names, insulting a consumer, yelling at a consumer, or hanging up on a consumer; and
- Using profane or other abusive language or swearing at a consumer
That is not the only things they can do to you; there are plenty more. Please contact me to see if I can help you: (1) stop these calls; and (2) collect penalties and money for you from these debt collectors. firstname.lastname@example.org
What can you get under the FDCPA and TCPA?
The good news is that if you have a claim under the FDCPA, and if you are successful, the debt collectors pay your attorney fees. This fee-shifting provision allow consumer lawyers like myself to act as private regulators of debt collection conduct.
Under the FDPCA, you are entitled to four benefits:
- Reasonable attorney fees
- Rule Damages up to $1,000
- Actual damages (how it hurt you, loss job, wages, emotional distress, embarrassment, etc.)
What that means is if you have a case and you prevail, the other side pays your attorney fees and costs, which is how consumer lawyers are able to bring these cases on full contingency. You are also entitled to up to $1,000 in statutory damages and actual damages.
Actual damages can be charges to your phone line caused by a debt collector’s calls. If you are harassed or abused by a debt collector, you can recover for your emotional distress. We can also recover under Louisiana State Law as well, or under state laws in other states.
I sue debt collectors. If you have been contacted by a debt collector, call or email me immediately. I look forward to helping you stop these calls and get you the damages you deserve.