Debt Collection

Debt Collectors Most Common FDCPA Violations

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Debt collectors frequently violate the Fair Debt Collection Practices Act (FDCPA) when attempting to collect consumer debts. Here are some of the most of their most common FDCPA violations.

Calling your Cell Phone without Permission

In certain circumstances it is illegal for a debt collector to call your cell phone without your permission. Nonetheless, debt collectors often call consumer cell phones to collect debt. The reason for this common FDCPA violation is twofold. First, calling a consumer on their cell phone is an effective method of contact. Many consumers are hard to reach by any other method and debt collectors normally don’t collect if they cannot communicate with consumers. Second, debt collectors may have, or think they have, permission to call your cell phone.

To stop collection calls to your cell phone answer every collection call and instruct the caller that they are calling a cell phone and do not have your permission to do so. Even if you initially provided the original creditor with your cell phone number, once you tell the collection agency it doesn’t have permission to call they are in violation of the FDCPA and the Telephone Consumer Protection Act (TCPA) if they call again. You should also send a follow-up letter to advise the collection agency in writing that it is calling your cell phone and you do not give any further consent to do so.

Discussing Debt with your Family, Friends, or Employer

Another common FDCPA violation occurs when a debt collector discusses the debt with your family, friends, employer, or any other third party. Under the FDCPA debt collectors may speak only with you or your spouse about the debt. They are allowed to contact one third party to verify or update your contact information but they are strictly prohibited from discussing, or even disclosing the existence of, the debt to that third party. Debt collectors use these illegal third party contacts to effectively embarrass and pressure consumers into paying debt even though doing so is a common FDCPA violation and an invasion of your privacy.

Threatening Arrest or Criminal Charges

Another common but unlawful tactic is for debt collectors to threaten to have consumers arrested or criminally charged for failing to pay a debt. Collection agencies use these threats to bully consumers into paying even when they do not legitimately owe the debt. The fear of arrest, incarceration, or having a criminal record is an illegal, yet powerful collection tool. This common FDCPA violation generates substantial emotional harm to completely innocent consumers in many cases.

Using Profanity, Lies, or False Threats to Collect Debt

Some debt collectors resort to the common FDCPA violation of using lies, false threats, or even profanity to collect debt. Such aggression effectively manipulates consumers into paying the debt in many cases. Others go so far as to file bankruptcy to avoid the extreme stress caused by such antagonism. It is certainly overwhelming to many consumers to have a debt they cannot pay but that stress is needlessly and exponentially compounded when a debt collector is yelling, threatening, swearing, and lying to you.

Calling Consumers at Inconvenient Times

Under the FDCPA debt collectors may not call consumers at times that it knows to be inconvenient. Generally, this includes before 8:00 a.m. and after 9:00 p.m. but also includes any other time the collection agency knows is not convenient. For example, if the debt collector knows when the consumer is driving home from work and purposely calls during that time to catch the consumer in traffic, the debt collector could be found to have violated the FDCPA. Similarly, if a debt collector calls a consumer after the consumer requests all calls to stop, the collection agency would be liable under the FDCPA. To avoid this common FDCPA violation tell the collector when it is inconvenient to call you and send a follow-up letter to assure the matter is memorialized in writing.

Conclusion

Debt collectors commonly violate the FDCPA by abusing, threatening, embarrassing, and coercing consumers into paying debt. Don’t be a victim of these tactics. Take detailed notes of all collection calls including who called you, what they said or did, and what you told them. Send a follow-up letter to further memorialize the call and what took place and save a copy for your records. Once you have gathered evidence of these common FDCPA violations contact an experienced consumer protection attorney as quickly as possible. An experienced lawyer can help stop the calls and any abuse that may be occurring and in many cases can make debt collectors, collection agencies, and collection attorneys pay you damages for that abuse. You do not have to accept any abuse from a debt collector. The law requires collection agencies to treat you with fairness, truth, dignity, and respect.

Stop Debt Collector Calls at Work

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Are you getting debt collector calls at work? You might be surprised how easy it is to stop debt collector calls at work.

Why You Get Debt Collector Calls at Work

It is a common practice among debt collectors and collection attorneys to call consumers at work to collect debt. The reason they do so is because calling a consumer at work is a very effective collection tool. Consumers feel threatened and pressured by debt collector calls at work. The calls at work cause a fear of losing their job or suffering the embarrassment and humiliation of having their personal financial information being exposed to coworkers and supervisors. Debt collectors are keenly aware that putting this kind of pressure on consumers forces a lot of consumers to pay, whether just or not.

Stop Debt Collector Calls at Work

Although it is generally legal for a debt collector or collection attorney to call you at work there are ways you can stop the calls. The first way is to simply tell the debt collector your employer doesn’t allow collection calls at work. Do so only if it is true however. If you are close to your employer or supervisor you could have them tell the debt collector that debt collector calls at work are not allowed. Either way the debt collection agency is on notice to cease any further calls to you at work. If the collector continues calling you at work after it knows your employer doesn’t allow collection calls at work it is violating the Fair Debt Collection Practices Act (FDCPA).

The more drastic way to stop debt collector calls at work is to send the collector a letter notifying it to cease all further communication with you. This is drastic because a cease communications letter stops the collector from contacting you by any means at any place. The debt collector calls at work have to stop but so do the collection calls to your home and cell phone. The collection agency is even required to stop sending you letters to collect the debt.

Under the Fair Debt Collection Practices Act the collector must stop most additional contact with you after it receives a cease communications letter. The only contact the debt collector can have with a consumer after it receives a cease communications letter is to notify the consumer that its collection efforts are being terminated or that it may invoke a specified remedy against the consumer. The cease communications letter may also prompt the debt collector or collection attorney to sue you so please contact a consumer protection attorney before taking this drastic step.

Stop Debt Collector Calls to Your Employer

Sometimes debt collectors and collection attorneys contact your employer rather than you. Calls to your employer or coworkers can be even more stressful, embarrassing, and humiliating than typical collection calls. Fortunately, under the Fair Debt Collection Practices Act debt collectors and collection attorneys can only call a third party to acquire or confirm location information and they can only do so once. That means that if the debt collector calls your employer or coworker it cannot do it again. If it does it is breaking the FDCPA and you can sue the debt collector. And you don’t have to send a cease communication letter for this prohibition to apply. The FDCPA prohibits a second communication to your employer or coworker without any further action on your part.

Sue Debt Collectors

If the debt collector or collection attorney continues calling you at work after you tell it your employer doesn’t allow collection calls or after you send a cease communication letter your best way to stop the collection calls at work is to sue. If the debt collector calls your employer or coworker more than once an unfair debt collection lawsuit is also an excellent way to stop the abuse. If you are reluctant to sue that’s okay. Just keep in mind that the collection attorney is not reluctant to sue you nor are they reluctant to abuse, harass, or humiliate you.

Conclusion

Fortunately stopping collection calls to your employer or coworkers is usually easy. First, tell the debt collector to stop calling you at work and that your employer does not allow collection calls. If the collector calls after that notification they are violating the FDCPA. If the debt collector calls your employer or coworkers more than once or even just once to do anything other than acquire or verify location information they are also violating the FDCPA. If either violation occurs, filing a debt collection lawsuit to stop the debt collector calls at work is probably your best option.

If you have questions about these and other possible Fair Debt Collection Practices Act violations please feel free to contact us for assistance.

Suing a Debt Collector for $7500

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When is suing a debt collector for $7500 a bad idea? When you have substantially higher damages of course. Unfortunately, the Consumerist website has posted an article congratulating a consumer for suing a debt collector in small claims court and winning $7500. Keep reading to find out why that $7500 award for suing a debt collector is actually a bad result.

Actual Damages are Available Under the FDCPA

The consumer in this article had actual damages. Under the Fair Debt Collection Practices Act (FDCPA) awards for actual damages are not capped. By suing a debt collector in small claims court she put an artificial limit on her damages of $7500 which was extremely unreasonable under the circumstances. Indeed, the abusive nature of the unfair debt collections suffered by the consumer in the article would have easily exceeded $7500 if she would have filed her case in federal court. By suing a debt collector in small claims court this consumer basically allowed the debt collector to keep a lot of money to which the consumer should have been entitled.

Attorneys Fees Under the FDCPA are Mandatory

Also of concern for this consumer is that under the FDCPA attorneys fees are mandatory if your prove an FDCPA violation occurred. If the consumer in the article had taken her case to federal court the debt collector would have paid her attorneys’ fees. Those fees would have easily exceeded $7500. Essentially, the debt collector would have been forced to pay for the consumer’s attorney; something they did not have to do in small claims court. That factor alone should tip the scales in favor of federal court over small claims court.

Discovery Limits

Another limitation of small claims court is that small claims courts do not allow discovery. Discovery is the process of obtaining information from the other side that helps prove your case. In most, if not all FDCPA cases you will want to conduct discovery. Debt collectors always have telephone records, call recordings, call notes, and other internal documents that support your claims of abusive debt collection conduct. In federal court you can get these documents whereas in small claims courts you can’t.

Appeals

Small claims courts also have a very simple appeals process. That is great news if you lose but terrible if you win. Because debt collectors have a right to appeal they will often use the threat of appealing your victory to negotiate a smaller damage award. You can always refuse but then you have to conduct the trial a second time and risk losing your case. In contrast, suing a debt collector in federal court is highly unlikely to ever be appealed.

Conclusion

There are numerous reasons why a $7500 judgment for the FDCPA case in the article is too low. The consumer should be congratulated for suing a debt collector and holding it accountable for its Fair Debt Collection Practices Act violations but the consumer could have, and should have, received more.

Stop Debt Collectors From Calling

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Many consumers ask me how they can stop debt collectors from calling. My answer to that question is usually to not do anything to stop debt collectors from calling — yet. Before you act on the problem you should first consider the solutions and ramifications of taking certain actions.

Consult a Consumer Protection Attorney

If the debt collector is abusive, harassing, or treating you in an undignified manner your first step should be to discuss the matter with an experienced consumer protection attorney. He can evaluate your case, advise you how to handle the debt collector, and can help you sue if the facts of your case merit doing so. A good consumer rights lawyer can not only stop debt collectors from calling but can even make an abusive debt collector pay you money. On the other hand, failing to contact an attorney can result in waiving your legal rights or limiting your legal claims. Acting too quickly without the proper guidance can also provide the debt collector an opportunity to destroy evidence of the unlawful actions it has taken against you. Your best course of action to stop debt collectors from calling you is to contact a consumer rights lawyer and follow his instructions.

Consider Debt Settlement

When deciding whether or not to stop debt collectors from calling you please also consider whether or not they are treating you in a fair, honest, and dignified manner. If so, and the debt is legitimately yours to pay, you should consider working with them to resolve the debt. They may offer a good settlement that you can afford. Again, however, you should consult with a consumer protection attorney before taking any settlement with a debt collector so you don’t inadvertently pay a debt you are not legally required to pay.

Gather Information to Help You Stop Debt Collectors

Before you stop debt collectors from calling, you should use the debt collection telephone calls to gather information from the debt collector. First, find out who is calling and don’t trust the caller ID. Ask the caller his name, company name, and company address. He will probably lie or hang up on you but ask anyway and write down the answers and anything else the collector says or does. Take detailed notes of each and every call either during the call or at least as soon as the call ends. Write as many details as possible but especially note any threats, profanity, lies, or promises the collection agency makes. Take a picture of the caller ID to preserve the date, time, and phone number of the call. Good records will be critical for future use.

Never Acknowledge the Debt

When you speak with debt collectors it is important for you to never admit you owe the debt. Don’t lie, but don’t admit anything either. Simply decline to answer any questions about the debt. If you do acknowledge the debt you could lose your legal rights and actually reset the time period in which the debt collectors can attempt to collect the debt.

Conclusion

Inexperienced attorneys, unscrupulous credit repair agencies, and endless Internet forum discussion boards will incorrectly advise you to notify the debt collector in writing to stop the debt collector from calling you. An experienced FDCPA litigation attorney will caution otherwise. Doing so can trigger a loss of your legal rights and destruction of evidence. Instead of harming your case with bad advice, you should first contact an experienced and knowledgeable consumer rights attorney who can properly advise you of the best course of action for your individual situation. Feel free to call us at 801-297-2494 if you need assistance in making a debt collector stop calling you. Self-help is not the best course of action if you are being abused or harassed by a debt collector.

Keep Debt Collection Lawsuits Out of Small Claims Court

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Debt collection lawsuits can be filed against abusive debt collectors in small claims court in many cases but I recommend against it. You will almost certainly get a lower damages award or settlement by handling your case alone and by filing in small claims court. Instead, hire an attorney who will properly advocate your debt collection lawsuit in federal court where it belongs.

Now I don’t want to discourage you from taking your debt collection lawsuit to small claims court. I really don’t. Indeed I have previously discussed the issue in other consumer blog posts and even explained to you how to do it. The reason for that is simple; many people want to pursue their consumer complaints on their own. They don’t want to hire an attorney and often falsely believe they have to pay for an attorney in debt collection lawsuit cases. The problem is that there are just too many reasons why you should not sue a debt collector in small claims court. My simple advice is to keep debt collection lawsuits out of small claims court. Other authors agree that there are pitfalls in taking debt collection cases to small claims court.

Attorneys’ Fees in Debt Collection Lawsuits

You can get a free lawyer when you sue a debt collection company. That sounds incredible but its true. When you successfully sue a debt collector you are entitled to an award of your attorney’s fees and court costs so good credit attorneys take FDCPA abuse cases on a contingency basis. That means your attorney pays all your courts costs up front for you and takes no fees at all if you lose. If you settle the case or win at trial the attorney will then take a percentage or hourly rate out of your award or settlement for his fees. Essentially, that means the debt collector pays your attorney’s fees and you pay nothing out of your own pocket.

In contrast, when you sue a debt collector in small claims court you generally represent yourself. Obviously, in that case there won’t be any attorney’s fees to award you. Even if you are an attorney you cannot generally get an award of attorney’s fees for work you performed in your own case. In many states you can hire an attorney to represent you in small claims court and in those cases you can get an award of attorney’s fees. Sadly, however, the attorney’s fees will be capped at the statutory maximum; a decidedly bad idea.

Capping attorney’s fees would very harmful to your case because it limits your potential award and your ability to negotiate a higher settlement. It also creates an incentive for the debt collection attorneys to make the case as difficult and time consuming as possible because they know their liability will be limited to the statutory maximum amount no matter how much it actually costs you. Indeed, for this and many other reasons, no credible credit litigation attorney would ever file an FDCPA abuse case in small claims court.

Damages in Debt Collection Lawsuits

Another reason to never sue a collection agency in small claims court is that damages are too low. Considering that the statutory limit in Utah small claims courts is $10,000 that sounds wrong, but hear me out. When you sue a debt collection agency you sue under the Fair Debt Collection Practices Act (FDCPA). It is a federal law meant to allow consumers to hold abusive and deceptive debt collectors accountable for their illegal actions. Under the FDCPA the maximum statutory damages award allowed is only $1,000. That’s it. Unless you have some verifiable actual damages you won’t get more than $1,000.

In many cases, however, consumers have actual damages in addition to statutory damages and those actual damages can easily exceed the limits allowed in small claims courts. It is not uncommon for actual damage awards to be well-above the $10,000.00 mark and many even exceed $100,000.00. The reason actual damage awards can climb fairly high in FDCPA abuse cases is because actual damages often include financial injury that resulted from unfair, abusive, or harassing collection conduct such as wage garnishments, lost wages, or lost credit opportunities and can also include damages for physical and emotional distress arising as a result of the abusive collection.

In small claims court it may be more difficult to prove your actual damages and they will be limited to the maximum statutory cap no matter how much you actually suffered. To maximize your damages and assure that you are seeking damages that are appropriate to your situation you will need an experienced attorney. That is good. An experienced consumer rights litigation attorney can find additional damages where the average consumer, suing in small claims court alone, cannot. For example, actual damages such as anger, headaches, chest pain, panic attacks, feelings of helplessness, and other similar physical and emotional distress caused as a result of the unfair debt collection can be awarded. Lawyers are trained to find areas where consumers have actual damages but do not know they are attributable to the unfair debt collection.

The same is true for punitive damages. Attorneys can often assert additional causes of action in your consumer complaint that raise the possibility of an award of punitive damages against the debt collection agency. Punitive damages are meant to punish the collection agency but are not available in all cases. You will need an attorney to know if they are available in your case. Punitive damages in FDCPA abuse cases can be extremely high in some cases too. In 2015 for example, one jury hit Portfolio Recovery with an $83 million award for harming a consumer. Another court in New Mexico hit The Law Offices of Farrell & Sandlin and Target National Bank with a verdict of $1.26 million for their abuse of a consumer. Obviously those amounts are not typical by any means, but damages in FDCPA lawsuits are frequently higher than the small claims court maximum award amounts.

Settlements in Debt Collection Lawsuits

Most FDCPA cases handled by attorneys settle for more than the statutory maximum amount available in Utah small claims courts. The reason is that experienced attorneys who know the tricks, traps, and value of FDCPA cases. It is highly unlikely that you could get as much on your own as you could hiring an experienced credit attorney.

Discovery in Small Claims Court Debt Collection Lawsuits

Discovery is the process of obtaining information from the opposing side of the case prior to trial so you know what they will rely on to prove their case. In Utah small claims courts some limited exchange of discovery is encouraged but is not mandatory. In other words, it won’t happen in most cases. That can be devastating to your case because most debt collectors will argue that even though they violated the FDCPA and harmed you in their conduct, it doesn’t matter because they only did so as a result of a bona fide error.

The bona fide error defense is commonly used by debt collectors but usually fails when consumers hired experienced attorneys who can conduct discovery properly. Discovery in debt collection lawsuits is a complicated process and it takes time but is almost always better than going to small claims court without knowing anything the debt collector will present to prove their case. The bona fide error defense is, like the debt collectors themselves, a snake in the grass hiding and waiting to attack when the consumer is at his weakest moment.

Time Required to Litigate Small Claim Debt Collection Lawsuits

I don’t mean to discourage you with this discussion. If you plan to sue a debt collector and you want to handle it on your own then by all means consider filing in small claims court. Your case will almost certainly be resolved faster in small claims court even if your award or settlement is lower. Small claims cases usually take only four to six months to resolve but many federal FDCPA cases take longer. It is not unusual for an FDCPA case to take two years or more to fully litigate. The reason is defense attorneys. They are often very stubborn and want to push you to see how far you are willing to take your case regardless of how much more it costs their client to delay. They are usually paid hourly after all.

The good news is that the longer your FDCPA litigation takes the more it should be worth if you have an attorney. Your case value probably won’t increase if you are unrepresented though. The reason for the increase in represented cases is that attorney’s fees increase as time goes by. Trust me, your attorney is working hard in the background even if it feels like nothing is happening.

Conclusion

You really ought to sue in federal court for most FDCPA lawsuits. You will need an attorney in federal court and you will get higher awards for damages as a result. Your attorney will also take the brunt of the stress of litigation. Lawsuits are stressful and virtually guaranteed to result in a few sleepless nights. Let your attorney lay awake planning and strategizing the case. He will and you shouldn’t.

There are also procedural reasons to file your debt collection lawsuit in federal court but that discussion is best held for another day. For now, trust me. Hire a consumer protection attorney with experience in FDCPA litigation and be patient if you want to get a reasonable settlement or award.

Can I Sue a Collection Agency for Harassment or Abuse?

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In many cases you can sue a collection agency for harassment, abuse, or deception. Collection agencies are governed by the Fair Debt Collection Practices Act (FDCPA) which prohibits abusive or harassing actions when collecting a debt. Most states also have similar prohibitions under which you can also sue.

The reasons for which you can sue a collection agency can vary. For example, under the FDCPA a collection agency that calls you too often, too early in the morning, or too late at night can be held legally responsible for those calls. You can also sue a collection agency for making false threats against you. In other words, if a debt collector does not intend to sue you it cannot threaten to sue you. The collection agency also cannot threaten to garnish your wages unless it has already obtained a judgment against you. Threatening to have you criminally prosecuted is also an actionable violation.

Other actions can also violate the FDCPA. For example, a collection agency cannot sue you for a debt that is outside the statute of limitations. Statutes of limitations vary according to state law and the manner in which the debt was incurred. A collection agency also cannot collect a debt that is fully paid, falsely claim it is not a debt collector, or sue you in an improper venue.

Under the FDCPA you can sue a collection agency if it has taken any of the above acts or taken any other abusive action against you. Proceed carefully however because there are many tricks and traps under the FDCPA that can quickly cause you to lose your case. Consult with a consumer rights protection attorney for best results. A good one will know how to handle any pitfalls in your case and will help you on a contingency basis so you won’t have to pay any attorney’s fees unless you win your case.

Money Damages for Unfair Debt Collections

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When a debt collector violates your rights by engaging in unfair debt collection practices you can sue it to stop the harassment or abuse and, in many cases, recover monetary damages from the abusive collector.  Although debt relief is not an available remedy under the Fair Debt Collection Practices Act (FDCPA), four kinds of monetary damages may be available to consumers who successfully sue abusive debt collectors for unfair debt collections.

Statutory Damages for Unfair Debt Collection

Statutory damages are available in FDCPA unfair debt collection cases though the amount is limited to no more than $1000. That amount is the total available regardless of the amount of violations at issue.  Although I cannot explain why the upper limit for statutory damages is so low, their purpose is to encourage consumers to sue debt collectors even when there are no actual damages. In awarding statutory damages the courts will consider the nature, frequency, and persistence of the noncompliance with the FDCPA and whether or not the collector intended to commit the acts that violated the FDCPA.

Actual Damages for Abusive Debt Collection

Actual damages may also be awarded in FDCPA litigation. Actual damages in unfair debt collection cases consist of monetary damages incurred as a result of the abusive collection activity. This can include attorney’s fees incurred to defend an improper debt collection lawsuit or other tangible monetary loss.  Actual damages can also include damages for emotional harm or harm to your reputation. This includes sleeplessness, nausea, anxiety, embarrassment, shame, and depression caused by the unfair debt collection abuse.

Punitive Damages for Debt Collection Abuse

Punitive damages may be available in abusive or unfair debt collection litigation but are challenging to obtain. The reason is because several courts have refused to award punitive damages solely under the statute, despite the lack of evidence in the FDCPA that Congress meant to preclude punitive damages. The best practice is to include state law claims in your complaint that allow an award of punitive damages. To support an award of punitive damages, you will also need to demonstrate actual damages and that the collector acted with an unusually high level of malice or recklessness.

Attorney’s Fees for Debt Collection Abuse

Consumers who successfully sue under the FDCPA for abusive or unfair debt collection practices are entitled to a mandatory award of the attorney’s fees incurred in the action. This is a powerful incentive to hire an attorney rather than sue a collector on your own. Most consumer law attorneys will take these cases on a contingency basis so you will generally pay nothing if you lose your case. In addition to the value of this requirement in discussing settlement, there is also a great amount of personal satisfaction in making a debt collector pay your legal fees.

Debt Relief in Debt Collection Lawsuits

Relief for the underlying debt is not considered actual damages and therefore is not an available remedy under the FDCPA. This means that even if you successfully sue a collection agency you will still normally remain liable for the underlying debt. Even so, forgiveness of the debt is a viable option to consider when negotiating settlement of an FDCPA case. Doing so will prevent the collection agency from selling your debt to reignite collection efforts by someone else.

Conclusion

Many consumer law firms will tell you that there are only two kinds of damages available under the FDCPA for abusive or unfair debt collection practices; namely actual and statutory damages. This is because punitive damages are difficult to obtain and attorney’s fees are not strictly considered damages. Nonetheless, both are recoverable under the FDCPA and both should be pursued if your case merits doing so.

If you are a victim of unfair, undignified, or abusive debt collections please call us now to discuss how we can help. We can stop the calls and make abusive debt collectors pay you.

How to Sue Debt Collectors: Tricks and Traps

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So you want to a sue debt collector? Suing debt collectors is not as easy as it sounds. There are numerous pitfalls and barriers that can trap unwary consumers.

The first issue to be concerned about when suing a debt collector or collection agency is whether or not you have a good case. Debt collectors frequently violate the law but many of those violations are merely technical and are not, by themselves, good legal claims. For example, debt collectors often fail to place the required “mini-Miranda” warning on written correspondence or fail to validate the debt at issue.   While these acts are violations of the Fair Debt Collection Practices Act (FDCPA) and do give you the right to sue debt collectors they are not particularly compelling and unlikely to lead to a high damage award since there is little to no actual damage for the collector’s failure.  Most consumer protection attorneys will not even take these types of cases due to the relatively low value compared with the high cost to litigate cases.

You also need to be sure you are suing a debt collector. The original creditor is generally not subject to the FDCPA and therefore can take many steps to collect debt that debt collectors cannot. There are laws to protect you from abuse by the original creditor but suing under those laws is more complicated and expensive than suing debt collectors under the Fair Debt Collection Practices Act.

Another trap is the bona fide error defense. Most, if not all, debt collectors will assert this defense like clockwork. It is generally asserted reflexively whether it actually applies or not but if the debt collector can prove its FDCPA violations were the result of a bona fide error it will not be held liable to you for those violations.

Another concern is that in many cases debt collectors will file counter-claims against you for the debt at issue. This is a powerful tactic and will keep many people from filing cases against debt collectors. Counter-claims may be difficult or impossible to overcome in many cases. There are ways to win on the counter-claim but unless the statute of limitations on the debt has run, the debt is fully repaid, or you never legally owed the debt in the first place you are likely to lose. Another problem with counter-claims is that the statute of limitations on an FDCPA case is only one year while the statute of limitations to collect the debt is almost always longer, depending on how old the debt is when the debt collection violations occurred.

There are numerous other issues to be aware of when suing debt collectors for unfair debt collection practices. To be certain you have a good case you should generally consult a consumer rights attorney. If you have a case worth filing they will typically take it on a contingency basis so you only pay if you recover an award and the fees you pay will come out of that reward. In addition to the probability of a higher award with an attorney representing you, there is also a tremendous amount of satisfaction in making an abusive debt collector pay for your attorney.


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