There are many instances where debt collectors use abusive, illegal, and corrupt practices against consumers who may or may not owe money. To protect consumers, the Fair Debt Collection Practices Act (FDCPA) has strict guidelines about what debt collectors can and cannot do when trying to collect a debt from you. They can only contact you during certain hours, must inform you that they are debt collectors attempting to collect a debt, cannot harass you, and must stop contacting you after you send them a written request to cease communication.
Know Your Rights
As a consumer, you should be aware of your rights with debt collectors, even if you currently do not have any accounts that are past due. At any point in the future, debt collectors may try to pressure you into paying a debt you do not owe – which is a major complaint against debt collectors – or contact you for information about a friend or relative who owes a debt.
Note: Keep a record of your interactions with debt collectors. Each time you receive or respond to a phone call, take detailed notes about what was discussed and keep these notes with any correspondence with the debt collector. If you later file a lawsuit or complaint against the debt collector, this documentation will help support your case.
What to Do If a Debt Collector Violates the Fair Debt Collection Practices Act (FDCPA)
You have the right to take certain actions against a debt collector who violates the Fair Debt Collection Practices Act (FDCPA). Here are your options:
File a Complaint with the Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) is an independent government agency responsible for enforcing laws to protect consumer rights in the financial industry. Once you file a complaint, the CFPB can investigate your complaint and others against that collector and fine them for violating the law. In some cases, consumers may be entitled to recover a portion of the fees paid to the debt collector who violated the Fair Debt Collection Practices Act (FDPCA).
File a Complaint with the Federal Trade Commission
The CFPB is the best place to file a complaint about debt collection practices, but if a debt collector defrauds you or you receive marketing calls, even though you are on the do-not-call list, you can also file a complaint with the Federal Trade Commission (FTC). You can file complaints against the original creditor who collects the debt, the debt collectors working on behalf of the original creditor, or companies that offer credit counseling or repair services.
File a Complaint with Your State Attorney General
Many states also have laws regarding fair debt collection practices that may provide more protection to consumers than the federal Fair Debt Collection Practices Act. Like the CFPB, your state attorney general can take legal action against the debt collector who violates the law. The National Association of Attorneys General has a list of the attorneys general in each state, so you can easily find your state’s attorney general.
File a Complaint with the Better Business Bureau (BBB)
Although the Better Business Bureau (BBB) cannot take legal action against debt collectors that violate the Fair Debt Collection Practices Act, it can help mediate disputes with debt collectors. The BBB also publishes reports on consumer complaints against businesses and helps warn other consumers about issues with your debt collectors.
File a Civil Suit in Federal or State Court
You are granted
Consumer Protection Law for Fair Debt Collection You have the right to file a lawsuit against a debt collector that violated your rights. You are allowed to sue for up to $1,000, including damages. Consult a consumer rights attorney to discuss your case. However, the debt collector will not be legally liable if they can provide substantial evidence that the violation was not intentional and resulted from an error.
What to Include in Your Complaint
When filing a complaint or lawsuit against a debt collector, you should include as much evidence as possible that supports your claim. This should include:
- Dates and times of phone calls
- Name of the collection agency
- Name of the person you spoke with
- Specific details about the violation
Remember that winning a lawsuit against a debt collector for violating the Consumer Protection Law for Debt Collection does not erase any debt you legally owe. You may still be obligated to pay the balance unless you sue the debt collector for collecting a fraudulent debt.
Source: https://www.thebalancemoney.com/reporting-debt-collectors-that-violate-the-fdcpa-960170
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