Is an FDCPA Attorney Required to File a Claim?
![Filing FDCPA Claim Attorney]()
General Rule: While you can file a claim without an FDCPA attorney, there are significant advantages to having one represent you.
A debt collector must be fair and honest in their collection of a debt. This means they must provide a person with certain information. They must also avoid harassing a person or engaging in other abusive debt collection practices. These are the basic requirements of the Fair Debt Collection Practices Act (FDCPA).
Unfortunately, this is not always how debt collectors act. Sometimes they will provide false information, make threats or harass you to coerce a payment. When this happens, you have the right under the FDCPA to file a claim. This claim can stop the illegal behavior and award you damages.
The question is, do you need an FDCPA attorney to represent you? Is it more cost-effective to handle a claim on your own? This article will answer these questions and more.
What Does the FDCPA Cover
The FDCPA as a whole regulates how debt collectors interact with individuals when collecting a debt. Specifically, this law covers how a debt collector can communicate with you about a personal debt. It also provides prohibitions on specific activities. Namely, a debt collector cannot engage in activity that involves:
- Harassment
- Deception
- Publicizing Your Debt
Note: Only third-party debt collectors fall under the scope of the FDCPA. If you are having an issue with an original creditor you will have to look to other laws.
Action You Can Take on Your Own
You have the right to handle any and all aspects of addressing an FDCPA violation, including submitting a claim. However, there are certain options prior to filing a claim that an individual is more likely to handle on their own. These include the following:
- Contacting the Debt Collector. The first step for most people is to contact the debt collector and notify them of the violation. A written letter may be enough to put a stop to the illegal behavior.
- Submitting a Complaint to a Federal Agency. Federal agencies make it easy for you to submit a complaint to them online. For instance, you can submit a complaint online to the Federal Trade Commission (FTC). This agency enforces the FDCPA. You can also submit a complaint online to the Consumer Financial Protection Bureau (CFPB).
- Discuss a Settlement. You can contact a debt collector and let them know about the violation and that you want to discuss settlement terms. This may be an option for you to quickly resolve your issue by securing a heavily discounted settlement.
- Filing a Lawsuit in Small Claims Court. Small claims court is for lower-valued cases where you can present your case under relaxed rules of evidence. Small claims courts allow individuals to easily file cases on their own.
Note: A consumer is free to file even complex high-dollar value cases. However, there are specific requirements that you must meet that are easier to ensure if an attorney represents you.
Reasons to Consider Having an Attorney Represent You
While you are free to handle an FDCPA claim on your own, there are reasons why you may consider hiring an attorney. Some of those reasons include the following:
- Review Your Case and Identify Additional Violations. While you may identify violations on your own there is the possibility that you missed additional violations. An FDCPA attorney will look into all aspects of your case to make sure you did not miss any violations.
- Handle a Complex Case. If you have a complex case, you may benefit from having an attorney handle your case. Your case may be complex if the violation is difficult to prove or you have a significant amount of damages.
- Strengthen Your Position. Whether you want to file a lawsuit or negotiate a settlement, there is an advantage to hiring an attorney. Hiring an attorney lets the debt collector know you are serious. It will likely result in a more favorable resolution of your claim.
Note: The FDCPA has a fee-shifting provision. If your claim is successful, a debt collector will be responsible for your attorney fees.
Conclusion
If a debt collector violates the FDCPA, there are several things you can do on your own. Whether that’s addressing the debt collector directly or filing a lawsuit, you are free to handle your claim without an attorney.
However, you should consider the benefits of hiring an FDCPA attorney. At the very least, you can discuss your case with them to see if hiring them would be beneficial in your situation.
Additional Resources