Filing a Fair Debt Collection Practices Act (FDCPA) claim is a serious matter that can provide you with the necessary legal protection if a debt collector violates your rights. If debt collectors break the law when trying to collect from you, it is possible to hold them civilly responsible for their actions, which include harassment, deception, and unfair practices. They must pay you for violating the law at your expense and for the damages they have caused. By filing a claim, you not only seek to hold debt collectors accountable for their misconduct but also aim to protect yourself and other consumers from such practices in the future.
When a debt collector engages in illegal conduct, you should get legal help immediately. A debt collection lawyer can help put a stop to the behavior, and they can seek financial compensation on your behalf. You need to schedule a free initial consultation with a debt collection lawyer immediately to learn your rights and whether you can file a lawsuit under state or federal law.
Consulting with an attorney can significantly enhance your chances of success. Attorneys with experience FDCPA attorneys handling FDCPA claims have in-depth knowledge of the law and can guide you throughout the process, ensuring you comply with all the requirements. They can also represent you in court.
You do not have to let debt collectors get away with their wrongful conduct, and you may have the legal right to financial compensation for these actions.
Federal and State Law Make Certain Debt Collection Practices Illegal
Federal law protects you when you owe money to a debt collector. When someone purchases your debt from a creditor, you may owe them money, but they do not have an unlimited license to do whatever they want. There are restrictions on their activity under both federal and state law. For instance, debt collectors may not do the following:
- Call you repeatedly to harass or annoy you.
- Call you between the hours of 9 PM and 8 AM.
- Misrepresent themselves when communicating with you or fail to identify themselves entirely.
- Use any misrepresentation or deception concerning their efforts to collect on your debt.
- Use profanity or subject you to verbal abuse when they are speaking with you.
- Continue to try to call or contact you when you have told them to stop.
- Threaten you with any consequences for non-payment of debt other than informing you that they will file a civil lawsuit against you.
The Fair Debt Collection Practices Act allows you to take action to enforce the law when debt collectors violate it, and you have a private right of action that will enable you to sue them for their actions directly. You do not even have to prove that the debt collector had any intention to violate the law (although they may defend themselves by claiming that they made a bona fide error).
You must not fall into traps that damage your legal case against the debt collector. Here are some things you can do to strengthen your case and protect your efforts when seeking financial compensation.
Know the Statute of Limitations
You have only a limited time to file a lawsuit against the debt collector under the FDCPA. According to the law, the statute of limitations is one year from the date of the violation of the statute. If a debt collector continues to break the law, it can renew the statute of limitations since they are undertaking an ongoing action.
You need to know the date on which the statute of limitations began to run because there are harsh consequences for missing the deadline to file the lawsuit. There are few allowed excuses if you miss the statute of limitations, and, usually, you will lose the right to file a lawsuit entirely. Additionally, your debt collection lawyer will need time to prepare your lawsuit and file the case, so you should never wait too long to get legal help.
Do Not Argue with the Debt Collector
Suppose a debt collector is subjecting you to verbal abuse and using profanities. It is natural to want to stand up for yourself, especially when you are in a compromising situation because you owe money. However, verbally lashing out against the debt collector will not help your case because it may turn into an argument where both parties are wrong. Debt collectors may claim that you were the one who was abusive to them, and it may become a “both sides” issue if your case goes to trial.
As difficult as it may seem, you must remain professional yet firm when dealing with debt collectors who are breaking the law. You should keep your eye on the bigger picture, which is putting yourself in a position to hold them legally accountable under the law.
Make Sure You Document Your Case
To avoid some of the common challenges you may face when filing an FDCPA lawsuit, you should maintain documentation of everything you can collect when you believe a debt collector is breaking the law. Unfortunately, this documentation may not always include a recording of the debt collector’s phone call to you. In many states, you cannot record a phone conversation without the other party's consent, so you may not have evidence of what the debt collector said.
The problem is that some states require two-party consent, and you may not know the exact location from where the debt collector is calling.
Thus, you are taking a chance that you are breaking the law when you unilaterally decide to record the debt collector. You can tell the debt collector when they call that you intend to record them so they have notice, and the state may interpret it as consent if they stay on the line after your warning. Nevertheless, you should always contact a debt collection lawyer before you take any steps to record a phone conversation.
You can still use other documentation when trying to prove your FDCPA lawsuit. For example, you can make contemporaneous notes of what the debt collector said to you even if you cannot record the conversation. Then, you may use the following as evidence in your FDCPA lawsuit:
- Call logs that show the times that the debt collector tried to contact you
- Logs that show how often the debt collector contacted you
- A copy of the letter that you sent to the debt collector telling them to stop contacting you
- A copy of communications that the debt collector sent you that is deceptive or otherwise does not follow the law
- Proof that a debt collector tried to contact a third party to discuss your debt
Know Your Burden of Proof
One of the main reasons you need to document your case is that you must meet your burden of proof when you file a lawsuit against the debt collector and prove that they broke the law to qualify for financial compensation. Since you are filing a civil case instead of a criminal prosecution, you need to meet your burden of proof by a preponderance of the evidence and show that it was more likely than not that the debt collector did something that broke the law. Once you demonstrate this, you will have the legal right to financial compensation.
The debt collector may have defenses to your allegations. For example, they may say they made a bona fide error; thus, you must prepare to overcome their claims. You will need the help of a debt protection attorney to prove that the debt collector did not have procedures to prevent these kinds of mistakes.
Understand How State and Federal Law May Intersect or Preempt Each Other
The venue for your FDCPA lawsuit is something that you will consider in conjunction with your debt collection lawyer. Each state has laws similar in scope and coverage to the FDCPA. However, there are other instances in which state or federal laws preempt each other. If you file your lawsuit in the wrong venue, the debt collector may request the court transfer your case to another venue or dismiss it altogether. At a minimum, their challenges can add considerable time to your case.
Prove Injury in Your Case
Theoretically, you can win an FDCPA lawsuit even if you cannot prove that you suffered an actual injury from the debt collector’s conduct, and they may owe you up to a $1,000 payment for their statutory violation. However, this is just a one-time payment, not on a per-violation basis. You may have the legal right to even more money if you prove that you have suffered specific damages.
In many cases, you will seek damages beyond the statutory payment. For example, if you suffered financial losses or emotional distress because of what the debt collector did, you can receive payment in an FDCPA lawsuit. To receive payment for these damages, you need to document them. Along the way, you should also gather and maintain evidence that can prove your losses and the effects that the debt collector’s actions had on you. It is crucial to present this evidence to an FDCPA attorney when they speak with you about your case so they can quantify your damages.
Hire a Debt Collection Attorney for Your Case
One of the best ways to avoid some of the challenges associated with an FDCPA lawsuit is to hire a debt collection lawyer to handle your case. A debt collection attorney can advise you of the law in your jurisdiction. They can also help you deal with the debt collector and document your case when you file a lawsuit. Your debt collection lawyer may contact the debt collector to stop the abuse.
When you hire a debt collection attorney, they will ensure you avoid some of the traps you can fall into that may weaken your lawsuit. They can tell you what steps you need to take to prepare yourself to file a court case. When it comes time to file the court case, your FDCPA attorney can draft the complaint and represent you as your lawsuit progresses through the system. You do not have to worry about handling any of the case details, and you will have peace of mind knowing that someone who understands the law is representing you.
You Pay Nothing Out of Pocket For an FDCPA Attorney
You may have financial worries, especially when debt collectors are tracking you down and harassing you. Thankfully, you do not have to worry about money when you are seeking the help of a debt collection attorney. You never have to pay anything from your own pocket; further, you will not owe your lawyer anything if you do not win your case. They will take your case on with no upfront fees, and this arrangement allows you to access the legal representation and experience you need without worrying about upfront costs.
Not having to pay out of pocket for an FDCPA attorney has several advantages. First and foremost, it removes the financial barrier that may prevent you from seeking legal help. You don't have to worry about coming up with a hefty sum to hire an attorney, making it a viable option. Additionally, because FDCPA attorneys work on a contingency basis, they have an incentive to work diligently on your case and get you the best possible outcome.
The FDCPA benefits you as a plaintiff if and when you win your case. The law provides that the defendant must pay your legal costs when you win. Thus, you can keep the entire amount of your financial recovery without having to give a percentage to your debt collection attorney.
Filing an FDCPA claim is challenging, but with the proper knowledge and guidance, you can protect your rights and hold debt collectors accountable for any violations. By gathering evidence, understanding the statute of limitations, consulting with an attorney, and filing your claim correctly, you can handle the process smoothly and increase your chances of a favorable outcome.