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Printer friendly versionRecover monies from a debt collector
You might be entitled to recover monies from a debt collector and your creditor. Claims against collection agencies are typically based upon a violation of the federal Fair Debt Collection Practices Act (FDCPA), relevant state law, as well as the common law. This section deals with the FDCPA, which grants a consumer the right to sue a “debt collector” as defined in the Act, for a violation of the Act, provided the lawsuit is commenced within 12 months of the violation. Your ability to recover depends on your particular circumstances. The information below is not legal advice.
The entire text of the FDCPA is available at www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
The FDCPA not only prohibits certain conduct on the part of debt collectors it also places a number of legal obligations on them. Under the FDCPA an individual is entitled to sue a debt collector for financial compensation for any violation of the Act. You might be able to recover monies from a debt collector for one or more of the following violations of the FDCPA:
- Where you wrote the debt collector to dispute the debt, and the debt collector failed to note the dispute on your credit report.
- The debt collector sent you mail using an envelope identifying it as coming from a bill collector.
- The debt collector telephoned you at a time or place that he knows is inconvenient to you: telephone calls are assumed to be made during a convenient time between 8:00 a.m. and 9:00 p.m., unless the consumer advises the debt collector otherwise.
- The debt collector called you at work when the debt collector knows your employer does not permit such calls.
- The debt collector contacts you after he receives adequate notice that you are represented by an attorney, and your attorney’s contact information is provided.
- The debt collector discloses confidential information to third parties.
- The debt collector calls an individual other than you or your spouse more than once except where permitted under the Act.
- The debt collector communicates with you after you have notified him in writing that (1) you refuse to pay the debt or (2) you do not want to receive any further communications from him.
- The debt collector engages in harassment or abusive behavior.
- The debt collector adds unlawful fees to your account.
- The debt collector, in certain circumstances, asks you for post-dated checks.
- The debt collector sues you in a jurisdiction other than the one where (1) you live or (2) where the contract was signed.
Debt collector makes false or misleading statements
The debt collector makes false or misleading statements, that is, he
- Misrepresents the status of the debt
- Misrepresents the amount of the debt
- Fails to update your credit report where required to do so
- Falsely claims to be a lawyer or calling from a law office
- Claims you will go to prison for non-payment of the debt
- Threatens to take an action against you when he has no intention of taking such action
- Debt collector threatens to sue you and no lawsuit is commenced against you within 60 days
- Debt collector says that non-payment will result in “further action” being taken against you and no lawsuit is commenced within 60 days
This summary only lists some of the potential violations by a debt collector under the FDCPA.