The Endless Calls and Harassment - Enough is Enough!
Are you tired of being harassed by debt collectors calling you at all hours of the day and night? Do you feel like your rights are being violated and you don't know where to turn? If so, you're not alone. Millions of Americans are subjected to illegal debt collection practices every year, and many of them don't even realize they have rights under the Fair Debt Collection Practices Act (FDCPA).
Read on to learn what the FDCPA is, what damages you can collect for FDCPA violations, and how an experienced attorney can help you hold creditors and debt collectors accountable.
To get immediate trustworthy legal advice and assistance regarding your situation, contact an FDCPA attorney near you right away for a free consultation.
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1977 to protect consumers from abusive, unfair, and deceptive practices by third-party debt collectors. The FDCPA applies to personal, family, and household debts, including credit card debt, medical bills, and other types of consumer debt.
Under the FDCPA, debt collectors are prohibited from engaging in certain practices, such as:
- Calling you before 8:00 a.m. or after 9:00 p.m.
- Contacting you at work if they know your employer prohibits it
- Using obscene or profane language
- Threatening violence or harm
- Falsely claiming to be attorneys or government representatives
- Misrepresenting the amount you owe
- Telling others about your debt
- Contacting you after you've asked them to stop
If a debt collector violates any of these provisions, you may be entitled to damages under the FDCPA.
What Are Monetary Remedies for a FDCPA Violation?
If you've been the victim of an FDCPA violation, you may be entitled to various types of monetary damages, including:
Damages for Physical Distress
If a debt collector's actions have caused you physical harm, such as stress-related health problems, you may be able to recover damages for your medical expenses, pain and suffering, and other related costs.
Damages for Emotional Distress
Even if you haven't suffered physical harm, you may still be able to recover damages for the emotional distress caused by a debt collector's illegal practices. This can include anxiety, depression, insomnia, and other psychological symptoms.
Damages for Lost Wages
If you've had to miss work due to a debt collector's harassment or other illegal practices, you may be entitled to recover your lost wages.
Wage Garnishment Recovery
If a debt collector has illegally garnished your wages, you may be able to recover the amount that was wrongfully taken from your paycheck.
Statutory Damages of $1000
Even if you haven't suffered any actual damages, you may still be entitled to statutory damages of up to $1,000 per FDCPA violation.
Attorney Fees and Court Costs
If you prevail in an FDCPA lawsuit, the debt collector may be required to pay your attorney fees and court costs.
What Are Injunctive Remedies?
In addition to monetary damages, you may also be entitled to injunctive relief, which is a court order requiring the debt collector to stop their illegal practices. This can include:
- Stopping all contact with you
- Ceasing collection efforts on a disputed debt
- Removing negative information from your credit report
- Providing documentation to verify the debt
Can Third Parties Sue for FDCPA Violations?
In some cases, third parties who have been affected by a debt collector's illegal practices may also be able to sue for damages under the FDCPA. This can include:
- Family members who have been harassed or threatened by a debt collector
- Employers who have been contacted by a debt collector in violation of the FDCPA
- Credit reporting agencies who have received false information from a debt collector
Other parties may also have a claim against unscrupulous creditors or debt collectors as well. Contact an attorney right away if you believe a debt collector is harassing you or violating the FDCPA to learn of your options for pursuing compensation.
What Should I Do to Hold Creditors and Debt Collectors Accountable?
If you believe you've been the victim of an FDCPA violation, there are steps you can take to hold creditors and debt collectors accountable:
- Keep detailed records of all communications with the debt collector, including dates, times, and what was said.
- Send a written request to the debt collector to stop contacting you.
- Dispute the debt in writing and request verification of the debt.
- File a complaint with the Consumer Financial Protection Bureau (CFPB) or your state's attorney general's office.
- Consult an experienced FDCPA attorney to discuss your legal options.
How Can an Attorney Help?
An experienced FDCPA attorney can help you navigate the legal process and ensure that your rights are protected. They can:
- Review your case and determine if you have a valid FDCPA claim
- Gather evidence to support your case
- Negotiate with the debt collector on your behalf
- File a lawsuit against the debt collector if necessary
- Represent you in court and argue your case before a judge or jury
Don't Let Debt Collectors Harass You Any Longer! Get the Legal Help You Need Today
If you're tired of dealing with abusive debt collectors and FDCPA violations, it's time to take action. At Kazerouni Law Group, APC, we're dedicated to fighting for the rights of consumers like you. Our consumer protection attorneys have years of experience fighting for the rights of consumers and holding creditors and debt collectors accountable.
Contact us today to request your free consultation and learn more about how we can help you get the justice you deserve. We offer free consultations and work on a contingency basis. This means you don't pay attorney fees unless we recover damages for you through a settlement or win your case at trial.