General Rule: An attorney can help you understand the law, identify violations and represent you if you decide to file a claim.
If you owe a debt to a collection agency, pay careful attention to any communication you have with them. Some are honest, however, many rely on harassment and other abusive tactics to collect on a debt. Some will use outright deception to trick you into making a payment.
Because of the rampant abuse of debt collectors, Congress enacted the Fair Debt Collection Practices Act (FDCPA). This law protects against these types of abuses. However, it is not always easy to identify a violation. Even when you do identify a violation, you may be unsure as to how to stop the illegal debt collection practices.
Fortunately, there are consumer rights attorneys that specialize in these kinds of cases. They can assist you in evaluating your case and walking you through the entire process. Read on to learn how an attorney can help you with your FDCPA claim.
FDCPA Protections
The FDCPA provides protections against abusive, harassing and deceptive conduct from debt collectors. The goal of the FDCPA is to make sure that a debt collector is not taking advantage of or bullying a consumer into paying a debt.
This includes protection against harassment. Harassment includes how they speak with you, when and how often. The FDCPA also protects against deceptive debt collection practices. This includes misrepresentations about your debt, the collection agency and alleged consequences.
Note: You cannot file an FDCPA claim against an original creditor. This law strictly applies to third-party debt collectors.
Benefits of Hiring an Attorney
There are several benefits to hiring an attorney, or at least seeking a consultation. An attorney can do several things to assist you with an FDCPA claim. Those include:
- Explaining the FDCPA. There are many different aspects and nuances to the FDCPA. Some provisions are straightforward while others are more complex. An attorney can explain to you important details of the FDCPA and how it works.
- Review Your Case and Identify Any Violations. Some violations are less obvious than others. A consumer rights attorney has years of experience in evaluating and handling these types of cases. They can evaluate your case and identify potential violations and the strength of your case.
- Represent You. If you want more formal assistance you can have an attorney represent you. As a starting point, a debt collector will now have to send all communication to your attorney. An attorney can also send formal requests to the debt collector to put a stop to the violations.
- Negotiate a Settlement. You can authorize your attorney to negotiate a settlement with the debt collector. If you have evidence of a violation an attorney can use that leverage to negotiate a settlement with the debt collector.
- File a Lawsuit. If needed, an attorney can also file a lawsuit on your behalf. They will know how to best prepare your complaint and represent you in court. A benefit of the FDCPA is that if you win your case, the debt collector will be responsible for paying your attorney’s fees.
FDCPA Claims
There are many aspects to an FDCPA claim. First, you have to prove the debt collector committed the violation. In addition, you will need to present evidence for certain compensation. An FDCPA claim has the following types of compensation:
- Statutory Damages. Depending on the severity of the violation a court can award up to $1,000 in statutory damages.
- Actual Damages. This can include various items from financial loss to medical or emotional damages. However, you have to prove that the damages were the result of the debt collection violation.
- Court Costs. If your case is successful, a debt collector will have to pay your court costs and attorney fees.
Having an attorney involved will increase your chance of successfully proving the violation. They can also ensure you get the compensation you deserve.
Conclusion
If a debt collector violates your rights under the FDCPA there are ways to stop them. However, it may be overwhelming to handle a case against a collection agency alone.
If you are considering filing an FDCPA claim, you may benefit from discussing your case with a consumer rights attorney. They can advise you on the viability of your claim and help you handle the entire claim.