CIVIL LITIGATION – FAIR DEBT COLLECTION PRACTICES ACT
CREDIT HARRASSMENT DEFENSE
The Fair Debt Collection Practices Act (FDCPA) gives consumers a private right of action. Consumers who have been harassed by debt collectors can sue them and receive monetary compensation. Because of the nature of these cases, an FDCPA case is done on a contingent-fee basis whereby attorney’s fees are paid not by the consumer, but ultimately by the abusive debt collector.
The FDCPA is a powerful tool which allows consumers to help regulate an industry which has been historically abusive. Although reputable third-party debt collectors endeavor to follow state and Federal debt collection laws, because of the sheer volume of consumer debt, there remain many abuses, some extremely serious and others of a more technical nature. There seems to be no want for bad debt collectors in the industry because, by reverting to the old ways of intimidation and harassment, debt collectors bully consumers into paying debts which consumers would otherwise not pay. The unscrupulous debt collectors unfairly tilt the playing field to their favor, which works contrary to both the consumer and the reputable collection agencies and collection attorneys.
The FDCPA allows the consumer a remedy. By contacting our law firm, an attorney will listen to the facts and circumstances of your case and determine whether or not a debt collector has violated the FDCPA.
The FDCPA allows for up to $1,000.00 in statutory damages, together with actual damages, plus attorney’s fees and costs for your claim. Although clients must be willing to participate fully in their cases, including trials, most cases conclude with relatively little client involvement. If you believe you have been treated wrongfully by a debt collector, call us at 612-821-4817 to speak with an attorney. You should save any letters or notices that you receive from collection agencies and debt collectors. It is very important that you save any voicemails that you receive from a collection agency or debt collector. Write down the phone number that a debt collector or collection agency is calling from and make sure to take notes regarding the conversation with the debt collector or collection agency. Most states permit the recording of telephone conversations with debt collectors, including Minnesota.