Have you been abused by debt collectors? Have they violated laws under the Fair Debt Collection Practices Act (FDCPA)? If so, then you have the right to defend yourself. There are remedies for abused consumers who would like to take action against those collectors who have been in the wrong.
First you should know exactly what your rights are as a consumer under the FDCPA. Some of the most common violations seen by collectors are listed below.
Debt collectors cannot…
• Call your family, neighbors, and friends and inform them of your debt
• Threaten prosecution or arrest if you do not pay
• Reapply old debts to your credit report or post false information to harm your credit score
• Threaten to talk to your employer
• Use offensive language or insult you
• Make you pay an account that was the result of identity theft
For more information on proper collection laws and possible violations, you can go to the page on this site entitled “What Debt Collectors Cannot Do to Collect Your Debts.”
If you have been abused by a debt collector, you have the right to sue them within one year of the violation, and you may be able to recover up to $1,000 for their violation as well as compensation for emotional distress, frustration, and other monetary losses you have suffered. In the law suit, if you should win your case, the debt collector could also be required to pay your attorney’s fees. With the help of these laws and our judicial system, you can stop the abuse and harassment.
Before you jump into a law suit, however, you should make sure you have the evidence to back up your claim. Debt collection abuse usually leaves behind a trail of evidence that a consumer can then use to fight back. Following is a list of the most common pieces of evidence that consumers can use in these law suits.
• Voice mail messages from the collector
• Abusive or threatening letters
• Credit reports with false or outdated information
• Messages from the collector at your place of employment
• Recorded phone conversations*
• Witness statements, usually from others who have been contacted by the collector about your debt
*Please consult with an attorney before recording calls. In your state or circumstance, this act could be illegal.
If you have been abused or harassed by debt collectors, make sure you speak up and take action. In most states, you can report the violation to the state Attorney General’s office. You may also contact the Federal Trade Commission (FTC) if you are having trouble with an out of state collection agency.
In making a decision on the case, the court may consider the frequency and persistence of the debt collector’s violations, the nature of the violations of the FDCPA, and how intentional they believe the violations were. This is all important information to consider before you take legal action against the debt collector.
There may be more people who want to take action against the same debt collector. In this case, a class action suit may be filed. The court can still grant up to $1,000 for each participant, but only up to a maximum amount of $500,000 or 1% of the net worth of the debt collector, whichever is less. If the court should find that the suit was not valid and they rule in favor of the debt collection agency, the court may require that the debt collector recover its attorneys’ fees from you.
It is important for you to stand up for your rights, but you should also be prepared before you take action. Know your rights, collect incriminating evidence, and find a good lawyer if you want to take legal action against aggressive debt collectors.