Dealing with debt collectors lawyer can be a stressful and overwhelming experience, especially if they continuously threaten and harass you. Understanding your rights and knowing how to handle these situations effectively is essential.
Many people fear calls from debt collectors who aggressively pressure them into paying. Your creditor has long since sold your debt to a collector who may or may not have questionable methods to increase profits. Even the large publicly traded debt collectors may not always engage in ethical conduct.
You have protections under federal and state law, and you should not hesitate to assert them. Knowing what to do and how to stand up to an aggressive debt collector willing to bend or break the rules may be challenging. One of the first things you should do is hire an experienced FDCPA lawyer to help you file a lawsuit. You may even be eligible for financial compensation when you have fallen victim to abusive debt collection practices.
Debt Collectors Violate the Law to Make Money at Your Expense
Debt collectors may try extreme methods to scare you into paying what you owe. They know they will make a lot of money because they have purchased your debt for pennies on the dollar. Some may stop at nothing to pressure you and get you to pay, banking on the fact that you may be in fear of them and not know your legal rights. It is a massive win if you pay what you owe without them having to file a Debt Collection lawsuit and obtain a judgment against you.
Everyone has heard a horror story or two about outrageous debt collector conduct that is difficult to believe. Unacceptable threats and abuses that clearly go beyond lawful practices happen daily. Debt collectors are often banking that they can get away with this conduct, but consumers have options to fight back with help from a debt collection lawyer.
The Number of Complaints Against Debt Collectors Is Rising Sharply
One study found that people filed over 620,000 complaints yearly with the FTC about debt collectors. This number only represents consumers who filed complaints; many more likely did not know about their rights or how to file a complaint. Each of these complaints is a potential breach of federal law that gives you the right to financial compensation. Even though the laws and their interpretations are tightening, there has been little to slow down the tide of complaints against debt collectors.
The FDCPA Prohibits Certain Conduct
The FDCPA prohibits several wrongful actions in connection with the collection of debt, including:
- The debt collector cannot try to call you between 9:00 PM and 8:00 AM.
- The debt collection practices cannot engage in abusive practices, such as using profanity or making threats against you.
- The debt collector must identify themself, and they cannot take on a false identity, such as claiming to be a lawyer.
- If you tell the debt collector they can no longer call you, they must honor your request.
- The debt collector generally cannot contact third parties about you.
- The debt collector cannot try to collect exorbitant fees not in the initial agreement.
Know Your Rights So You Can Take Legal Action
The debt collector may be persuasive and make it seem like they have power over you, so you go along with them out of fear. You may not know that federal law prohibits much of the debt collector’s aggressive behavior. The good news is that you have state and federal law protections and can take action yourself.
The first question is how you handle the individual debt collector breaking the law. Most importantly, you need to know what is illegal and understand the extent of your legal rights. When you have this information, you can take action to put a stop to the debt collector’s conduct.
You Can Put a Stop to Communication from the Debt Collector
You have the right to cease or control the debt collector’s communications with you. If the debt collector is calling you, all you need to do is tell them to stop. You can also ask them to stop contacting you at certain times, such as when you are at work. If you do this, it is essential to follow up in writing. In addition, make sure to get the debt collector’s identity lawyer and the company they work for so you know where to send the letter. This communication proves that you directed the debt collector to stop what they are doing.
Save All Communications from the Debt Collector
It is beneficial to document other communications from the debt collector; you may need evidence for a potential trial in the future. If your phone records show that the debt collector has called you many times or at illegal times of the day, save these and provide them to your lawyer when you hire one. However, be careful about recording phone conversations. You should know the laws of your state and whether they permit one party to record phone conversations without the knowledge and consent of the other. Then, you may be the one in trouble.
Do Not Argue or Be Hostile
You should not argue with the debt collector, and as difficult as it may seem, it is best to let them do the talking. Arguing back or using profanity will not strengthen your case. Instead, calmly explain to the debt collector that they should no longer contact you. To be clear, putting a stop to their communication does not take away their ability to sue you. However, it should make the harassing and abusive calls stop.
You do not have to subject yourself to abuse from a debt collector. Federal law protects you, and there is a limit to what you must endure. The mere fact that you owe money does not mean that a debt collector has an unlimited license to do whatever they want.
Contact a Debt Collection Attorney to Learn Your Rights and Take Action
You must contact an experienced debt collection attorney when you realize there has been a violation of your rights. With legal help, you will know when a debt collector has crossed a line. The debt collector is banking on the fact that you do not know the law, but when you hire an attorney, you can become better informed and stand up to them. Not only can a debt collection attorney stop the wrongful conduct, but they can also get justice for you. The debt collector may have to pay for what they have done for you, and scores of plaintiffs have vindicated their rights under the law. They get what they deserve in court because the law may look unfavorably on their conduct.
You Can Complain to Governmental Agencies
Consider filing a complaint against the debt collector with the Federal Trade Commission or the Consumer Financial Protection Bureau. The government has the power to investigate law violations and can take enforcement action, resulting in hefty fines for debt collectors. These fines do not go into your pocket (although regulators may distribute money to victims in certain circumstances), so you may consider taking additional legal action available to you. When you hire an attorney, you have more control of the legal process. Alternatively, you can complain to a consumer protection agency on the state level, and they can take action based on a violation of state law. Many states have laws that extend further than federal law to protect you from this illegal conduct.
You Can File a Lawsuit Under State or Federal Law
The FDCPA contains stipulations that allow you to take matters into your own hands. You do not have to wait for the government to take action to put a stop to illegal debt collection practices. While the government may investigate and eventually take enforcement action, it does not always fix the full extent of your damages. You can, however, take action on your own.
Under the law, you have a private right of action, meaning you can file a lawsuit directly against the debt collector. If many people suffered the same exact harm, it is possible to file a class action lawsuit against the debt collector. The law is strict about when to certify a class, but many debt collection lawsuits are class actions, and it is easier and more convenient for many plaintiffs to band together. You get one set of discoveries and can make a stronger case against the debt collector. However, you may also not get total compensation for your unique damages because you are part of the class.
You also have the right to file an individual basic lawsuit against the debt collector based on the specific facts of your case, and this may be your best option if you have suffered significant harm and damage. Here, you will get your day in court individually. If you prove that the debt collector broke the law, they will be strictly liable for the harm they caused you; there will be no ifs and or buts.
Your Damages in an FDCPA Lawsuit
If you prove the debt collector violated the law, they will owe you damages. They must first pay statutory damages under the FDCPA, and you have the legal right to receive up to $1,000. This payment is a singular one, and you will not get paid each time for every violation of the law.
With an individual lawsuit, the bulk of the damages will come from the effect the debt collector’s illegal actions had on you. For example, you may have suffered extreme emotional distress from the harassment and threats that you had to face continuously. If the debt collector continued calling you at work, which harmed your career, you may get paid for lost income. If you file an individual lawsuit, your damages will depend on the specific facts and circumstances of your situation.
The FDCPA does not provide for punitive damages from the debt collector. Many states, however, have consumer protection laws that limit what a debt collector can do and give you the right to file a lawsuit. Some states even allow for punitive damages if the debt collector’s conduct was egregious enough. Your attorney will review your case and inform you whether you are better off filing a lawsuit under the FDCPA or state law. Remember that you have legal options when a debt collector has harassed you.
It Costs You Nothing Out of Pocket to Hire an FDCPA Lawyer
Hiring a debt collection lawyer does not cost you anything out of your own pocket. FDCPA lawyers typically work on a contingency fee basis, meaning they only get paid if they successfully recover damages on your behalf. This arrangement ensures that the lawyer has a strong incentive to work diligently on your case, as their payment will be a percentage of your settlement or jury award. If they are unable to secure a favorable outcome, you do not owe them anything. This fee structure makes legal representation accessible to individuals who may not have the financial means to pay for a lawyer upfront.
In addition to the contingency fee arrangement, some FDCPA lawyers offer free initial consultations. During this consultation, the lawyer will review the details of your case and assess its merit. They will also explain the legal process and discuss potential strategies for pursuing a claim against the debt collector. This consultation provides an opportunity to ask questions and get a sense of the lawyer’s experience. Taking advantage of this consultation is essential to ensure you are comfortable with the lawyer and confident in their ability to represent your interests.
Hiring a consumer protect lawyer to handle debt collectors who violate the FDCPA does not have to be a financial burden. With the contingency fee arrangement and free initial consultations, you can seek the legal guidance and representation you need without worrying about the cost. Do not let the fear of expense prevent you from standing up to debt collectors. Speak with an FDCPA lawyer today to explore your options and take action.