HOW TO

Stop debt collection harassment with the FDCPA

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Under the FDCPA—a federal law that protects people in debt—collectors can’t do anything unfair, untrue, harassing, or abusive.

DEBT COLLECTORS ARE NOT ALLOWED TO:

  • Call repeatedly
  • Leave messages without
    identifying themselves
  • Call third parties and tell
    them that you owe a debt
  • Curse, call you names,
    or use racial slurs
  • Threaten to arrest you
  • Collect a debt that isn’t owed

What do I get if I win my lawsuit?

  • Up to $1,000 in statutory damages
  • Provable actual damages
  • The debt collector pays your lawyer’s fees & costs

But what if I owe the debt?

It doesn’t matter. The FDCPA protects you whether you owe
the debt or not.

What should I do if I think a collector violated the FDCPA?

  • Save every collection letter & voicemail
  • Document the date and time of every call (even missed calls)
  • Take notes of any conversation

WE’VE HELPED OUR CLIENTS OVERCOME:

FALSE REPRESENTATIONS
Our client was sued by a debt collector and set up a voluntary payment plan. The client got a second job just so she could make the agreed-upon payments. The debt collector agreed not to garnish her as long as she made all the payments. Our client made every payment, but the debt collector garnished her anyway. The situation was so stressful for the client that the client cried often, had sleepless nights, and had difficulty focusing at work. We sued the collector for damages under the FDCPA.

AUTODIALED CALLS
Our client got a new cell phone number. A creditor began calling, meaning to reach the previous owner of the number. Our client politely let them know they no longer had the right number. Using an automatic dialer, the creditor still called the client relentlessly, more than 100 times. We sued the creditor under the Telephone Consumer Protection Act, stopped the phone calls, and got money damages back for our client.

SUED TWICE FOR SAME DEBT
A debt collector got a judgment against our client and the client paid the judgment in full. The same collector then sued him again for the exact same debt. Before the client could stop them, they garnished his wages for over $3,000, above and beyond the amount he had already paid. We sued the collector for damages under the FDCPA.