How Much in Damages Can You Claim for FDCPA Violations?
The Fair Debt Collection Practices Act (also known as FDCPA) is an act that protects individuals from unfair and unlawful debt collection practices carried out by debt collection companies. If a debt collector violates the regulations stated in the FDCPA, you may have the right to sue for any damages you have incurred. What exactly is the FDCPA, and how can debt collectors become in violation of its practices? Here is DoNotPay's guide on FDCPA violations.
What Is The FDCPA?
As mentioned earlier, the Fair Debt Collection Practices Act is an act that strives to ensure that fair debt collection practices are implemented for the collection of debt. This act was instituted in March 1978 and continues to communicate the appropriate means in seeking repayment of debt. It also gives consumers an outline of when a debt collection process becomes unreasonable or against the acceptable way of obtaining a debt. The FDCPA states that the following must be done before a debt collection process can begin:
- A debt collector must show proper documentation and proof that an individual owes money for a debt.
- A debt collector must also give an individual written notice of the debt due, within five days after the first initial contact about debt.
- The debt must be in default before debt collection actions can be taken.
A debt collector that uses forcible actions to get a payment for debt violates the FDCPA. The following are violations against the FDCPA:
Violence Against Debtors
If a debt collector threatens or uses physical violence against a debtor, the debt collector becomes in violation of the FDCPA's guidelines. The following acts of violence or criminal actions done by a debt collector for payment of a debt can qualify an individual to sue the debt collector or the agency:
- Harm To Debtor's Property
- Physical Harm To Debtor
- Harm To Debtor's Reputation
Non-Identifying Phone Calls
When debt collectors do not identify themselves to get the debtor to answer their telephone, this becomes a violation of the FDCPA. A debt collector must always identify themselves when calling a debtor.
Under the FDCPA, abusive language can consist of obscene, profane, and/or offensive speech. This language is prohibited in letters and documents to the individual and/or when speaking with the individual.
Coercing Payment Through Advertisement Of Debt
A debt collector and/or agency are prohibited from publishing an advertisement for an individual's debt for sale. For example, if the debt is a house, the debt collector may not publish the house for sale until they have obtained the property lawfully.
A Published List Of Consumer Debts
Consumer debts is only allowed to be published to consumer reporting agencies or other appropriate persons of such agencies. Consumer reporting agencies are defined as those that publish credit reports and such. Any advertisement published against debtors to harm their reputation or in retaliation is against the FDCPA.
Repetitive Phone Calls
When a debt collector repeatedly calls an individual in order to provoke them into paying their debt, it is considered harassment under the FDCPA. It is seen as retaliation against the debtor.
The Federal Trade Commission enforces the FDCPA and may be reached in the following information;
|Company||Federal Trade Commission (https://www.ftc.gov/)|
|Mailing Address||600 Pennsylvania Avenue, NW
Washington, DC 20580
|Phone Number||(202) 326-2222|
|Email or Contact Form||https://www.ftc.gov/contact|
If a debt collector or debt collection agency continues to harass you or abuse the process of collecting debt, you have the right to take legal action. It may seem intimidating, as a lot of research may need to be done to take the correct step. What if there was a way in which you could be quickly and efficiently guided to the appropriate course of action and have it sent out or filed for you correctly? That is where DoNotPay comes in!
Solve FDCPA Damages With The Help Of DoNotPay
DoNotPay is the perfect solution when it comes to dealing with FDCPA damage issues and more! Through the Debt Collection feature, DoNotPay can guide you through the process of dealing with the FDCPA in a fast, easy, and successful way! If you want help with debt collector issues but don't know where to start, DoNotPay has you covered in 3 easy steps:
Here’s how it works:
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that’s it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We’ll deliver your request directly to the debt collectors via first-class mail, or file your complaint automatically with the CFPB so that they’re no longer able to use unfair debt collection practices.
Why Use DoNotPay to Sue For Damages for FDCPA Violations
You do not have to suffer harassment and stress from debt collectors. Know that DoNotPay can help you protect your rights because we are:
- Fast: You do not have to spend too much time looking for online resources to protect you against unfair debt collection practices.
- Easy: You don't have to fill out tedious forms and take note of all the steps to take care of FDCPA violations by debt collectors.
- Successful: You can rest assured that we are making the best case for you.
DoNotPay Works Across Multiple Areas
DoNotPay provides the best solution when it comes to dealing with debt collectors! DoNotPay can also help you in other debt collection areas as well! To learn more about some of the many areas DoNotPay works in, check out the list below! Why not try DoNotPay today and see the difference it can make!
- Can Debt Collectors Take Your Stimulus Check?
- The Statute Of Limitations On Debt Collection For Each State
- Learn About Medical Debt Collection Practices
- How Often Can A Debt Collector Take You To Court?
What Else Can DoNotPay Do?
Stop Debt Collectors is only one of the products that DoNotPay has in our arsenal. There are a host of other things that DoNotPay can help you with;
- Cancel Spotify Premium Subscription
- Write financial aid appeal letters
- Claim missing money
- Get help with your bills