When someone is in debt, they may assume because they owe money, they relinquish their rights as a consumer. However, this is far from the truth. In many instances, you have rights that protect you from unfair and abusive debt collection practices. One of the most important rights for consumers is the Fair Debt Collection Practices Act (FDCPA), which protects from harassing debt collectors. If you’ve suffered because of a relentless collection agent, a San Diego County debt collection harassment lawyer can help you recover damages for FDCPA violations you’ve experienced. Keep reading to learn more.
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that dictates how third-party debt collectors can behave when pursuing personal debts owed by consumers. Generally, these laws outline unacceptable behaviors and actions on behalf of collectors. Common examples of FDCPA violations include, but are not limited to, the following:
- Repeatedly calling an alleged debtor in a short period of time
- Calling outside of acceptable hours (8 a.m. to 9 p.m.)
- Failing to properly identify themselves as a debt collector
- Claiming to be a lawyer or member of law enforcement
- Threatening you or using abusive, vulgar language
- Speaking to anyone other than you or your attorney about the debt you owe
- Misrepresenting the debt you owe
- Failing to send you a debt validation notice
- Calling you at work after you’ve informed them you cannot take personal calls while on duty
If you’ve experienced any of this behavior from a debt collector, you must understand how to proceed in these situations. You should document the date, time, and violation, along with any evidence of the breach.
It’s also necessary to note that if you are being harassed by a debt collector, the police cannot help you. However, the only time they can assist is if you are being physically or verbally threatened by the collector, in which case you should call the police.
What Compensation Can I Recover for FDCPA Violations?
If you are the victim of debt collection violations, you can recover compensation for the damages you’ve incurred. Generally, you may be eligible to recover up to $1,000 in statutory damages per violation that occurred.
Additionally, if you suffer as a result of the collector’s actions, you can recover economic and non-economic damages. For example, if you lose your job because a collector continually calls while you’re at work, you can sue for lost wages. You can also sue for any emotional damages you’ve experienced, such as stress, anxiety, or depression.
Finally, you can receive injunctive relief, which occurs when the courts order the collector to cease calling or knocking on your door, providing an alleviation of these behaviors.
When you’re the victim of an abusive debt collector, navigating these circumstances can be incredibly challenging and frustrating. As such, it’s essential to understand that Barthel Legal is on your side. We understand how invasive and stressful these situations can be. That’s why we are dedicated to helping you recover the compensation you deserve in these challenging times. Contact us today to learn more about how we can assist you.
