You heard correctly. There is a federal law titled the Fair Debt Collections Practices Act (FDCPA), which prohibits debt collectors from pursuing the collection of debts in ways that violate this law. When a debt collector violates the FDCPA in trying to collect a debt from you, you have the right to sue the debt collector for damages. Your suit against the debt collector generally is filed in federal court. If the court finds that the debt collector violated your rights under the FDCPA, you are entitled to receive an award of damages and an award to pay your attorney fees and the filing fee for filing your suit against the debt collector.
Some examples of violations that allow you to sue debt collectors include the following:
- Trying to collect from you on a debt that was discharged in a bankruptcy case you filed, including calling you, contacting you in writing, or even filing suit against you.
- Using language that the law considers abusive in any contact with you.
- Threatening to do acts that the debt collector is not able to do (for example: threatening to have you arrested for not paying the debt).
- Having an automatic dialer (referred to as robocalling) contact you without your permission, in attempts to collect a debt you allegedly owe.
These are just a few of the examples of actions that debt collectors may take that violate the FDCPA, which may entitle you to turn the tables on the debt collectors and be compensated for their improper actions.
Whether you have been subjected to what you may think is improper behavior by a debt collector, If you have been subjected to robocalling by a debt collector, please contact me immediately. In robocalling cases, the law entitles you to damages for each such call, and in harsh cases, the law calls for a higher damage award for each call.
It takes only a few minutes for you to call me to discuss what the debt collector is doing, and if it appears that the debt collector is violating the FDCPA. If I determine that you have a possible claim to pursue against the debt collector, I will arrange a meeting for us to discuss in more detail your rights and advise you on how to proceed.
Don’t just take whatever a debt collector shells out. Check with me to see if you can fight back against the debt collector and have them pay you.
And, if you need to consider filing bankruptcy to get out from under the burden and pressure of debt, I will review with you your options and best course of action to get you a fresh start that bankruptcy provides without the continued burden and pressure.
Call me today at 937-293-2392 or fill out the form below for an appointment to speak with me about your situation.