General Rule: You will want to save any document, record or electronic information that will prove that the debt collector violated the FDCPA.
The debt collection process should be fair and transparent. Debt collectors should deal honestly with you and also respectfully communicate information. However, this is not always the case. Sometimes a debt collector will engage in abusive, deceptive and harassing activities.
When this happens, you can look to the Fair Debt Collection Practices Act (FDCPA) for protection. The FDCPA regulates how third-party debt collectors act during the collection process. If a debt collector violates your rights under the FDCPA, you can file a claim against them to stop them and seek damages.
However, it is important to know what type of evidence you need to save to be successful in your FDCPA claim. Read on to learn about the kind of evidence you should save when considering an FDCPA claim.
Understanding an FDCPA Claim
Before you learn what type of evidence to save, you must understand when you can file an FDCPA claim. There are three main requirements.
1. Type of Debt Collector
The FDCPA does not apply to any company that collects on a debt. The FDCPA applies only to third-party debt collectors. You cannot file a lawsuit under the FDCPA against the original creditor.
2. Type of Debt
The FDCPA does not apply to any company that collects on a debt. The FDCPA applies only to third-party debt collectors. You cannot file a lawsuit under the FDCPA against the original creditor.
The FDCPA applies to personal not business debts. That means you must have incurred the debt for the benefit of you or someone else in your life. Some examples of personal debts include the following:
➜ Mortgages
➜ Personal Loans
➜ Credit Cards
➜ Medical Bills
➜ Past Due Rent
➜ Car Loans
➜ Student Loans
3. Violation
There are many types of violations under the FDCPA. However, the majority of these violations fall under certain broad areas. It is a violation of the FDCPA to engage in certain debt collection practices that fall under the following categories:
- Harassing. This is a broad category that primarily deals with how a debt collector communicates with you. For example, they are not allowed to call you at odd hours or excessively. They also cannot make threats or use profane language to harass you.
- Deceptive. There are many different deceptive practices ranging from collecting more than you owe or making false threats. A debt collector might also misrepresent who they are or your responsibilities to coerce a payment.
- Embarrassing. The primary way this occurs is when a debt collector publicizes your debt in some manner. This type of violation includes telling a person you know about your debt or publishing it for others to view.
Types of Evidence to Save
To increase your chances of a successful lawsuit, you must save certain types of evidence. The kind of evidence you need will likely depend on the specific FDCPA violation. Below are examples of a violation and the type of evidence you should save.
| Violation |
Evidence |
| A debt collector indicates that you owe more than what you original did with the creditor |
Save copies of the validation notice from the debt collector. Also, save a copy of any past statements you had with the original creditor. |
| A debt collector is using profane and obscene language in their communication with you. |
If they left you a voicemail, save this information. If you do not have a recording, take detailed notes of the conversation, what they said, by whom and when. |
| A debt collector is calling you several times a day and will not stop contacting you. |
Take screenshots of your call log. If you sent a cease-and-desist letter, save a copy of that letter along with any proof of delivery. |
| A debt collector publicized your debt |
Save a copy of the letter or public communication that indicates you owe a debt. If they communicated it to a third party, discuss it with them and take detailed notes. |
Of course, these are just a few examples and there are many different ways a debt collector may violate your rights. You may want to save names, contact information or even submit a subpoena for any recorded phone conversations. However, the type of evidence you collect will depend on your situation and the violation that occurred.
Conclusion
Thanks to the FDCPA you can put a stop to illegal debt collector activity. That being said, you must have sufficient proof before filing a lawsuit. This means gathering enough evidence to convince the court of the debt collector’s violation.
If you are unsure whether you have enough evidence or any other questions you can contact a consumer rights attorney. They can review your evidence and let you know how strong your case is.
Additional Resources