Congress recently passed the Fair Debt Collection Practices Act, otherwise more commonly known as FDCPA. This law has been put in place to protect debtors from being continually harassed by debt collectors.
Through this law, a consumer can sue a collector in court or join a class action lawsuit if they have violated the FDCPA. In this post we are going to explore the different types of abuse which debt collectors may subject consumers to as well as what remedies and compensation are available to you.
There are a number of different practices debt collectors may employ to harass or even threaten a consumer:
If the FDCPA has been violated, consumers may have one or more damages and/or remedies available to them.
The monetary remedies available to consumers are extensive, including damages for physical distress and damages for emotional distress. Some other remedies include:
In situations where a consumer is able to successfully prove that the FDCPA was violated, the court may also allow a consumer to recover all of their attorney’s fees and costs.
The court may order a debt collector to cease certain activities which are known as providing a consumer “injunctive relief”. Some of these remedies include requiring that a debt collector stops calling your home or your smartphone, and that the debt collector stops sending letters to your address.
The FDCPA goes so far as to also extend its protection to third parties who have been burdened by the harassing behavior of a debt collector. Some of the most common third parties include employers and neighbors.
The Azadian Law Group, PC in the Los Angeles area offers free case evaluations to anyone who believes that his or her rights have been violated by a debt collector. After the assessment, we will also provide you with steps that you can take to end the harassment and protect your financial well-being.