(15 USC 1692 et seq.)

 

The FDCPA, requires that debt collectors treat debtors fairly and prohibits certain methods of debt collection. The FDCPA is considered a consumer protection act, and courts have held that it is a strict liability statute.  In other words, if you prove that the defendant violated the act, you win notwithstanding the defendant’s intentions. 

 

The most common complaint that we have receive involve consumers being harassed by aggressive debt collectors.  Fortunately, the FDCPA contains specific prohibitions against debt collector harassment.  That is to say, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.  Specifically, the following conduct is forbidden under the FDCPA:

• The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

• The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

• The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section FDCPA.

• The advertisement for sale of any debt to coerce payment of the debt.

• Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

• Except as provided in the FDCPA, the placement of telephone calls without meaningful disclosure of the caller’s identity    

 

If you have been aggrieved by an aggressive debt collector, you may be entitled to

1. any actual damage sustained by the debt collectors failure to comply with the FDCPA;

2. Such additional damages as the court may allow, but not exceeding $1,000; or

3. In the case of a class action, such amount for each named plaintiff as could be recovered, and such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1% of the net worth of the debt collector.

4. Additionally, the successful plaintiff is entitled to and the costs of the action, together with a reasonable attorney’s fee as determined by the court.