General Rule: Yes, there are several ways that you can resolve an FDCPA claim without filing a lawsuit.
If you are dealing with a debt collector, it’s important to be knowledgeable about what they can and cannot do. Debt collectors are not always ethical and if you do not know the law, they may try to take advantage of you.
Consumers are primarily protected during the debt collection process by the Fair Debt Collection Practices Act (FDCPA). This law protects you from harassing, deceptive and abusive behavior from third-party debt collectors. If they violate the FDCPA, you can file a lawsuit.
However, that is not your only option. This article will discuss your other options for resolving an FDCPA claim without having to go to court.
What is an FDCPA Claim?
There are many different types of FDCPA claims and each situation is unique. The FDCPA primarily prohibits the following types of debt collection practices:
- Deception. A debt collector must be honest with you. This includes not misrepresenting how much you owe, who they are or any actions they may take.
- Harassment. A debt collector must communicate with you truthfully and professionally. This means they cannot make idle threats or threats of illegal action. They also cannot harass you with endless calls, obscene language and other types of abusive conduct.
- Publicizing Your Debt. Except for limited circumstances, a debt collector cannot tell others about your debt. This also includes indirect means such as how they mail you communication about your debt.
How Can I Resolve an FDCPA Violation Without Filing a Lawsuit?
While a lawsuit is an option, it can be time-consuming. Also, there is no guarantee as to how the case will work out. If you are unsuccessful, you may have wasted a lot of time to still be in the same situation. If you are looking for ways to settle your FDCPA claim out of court, consider the following options:
Resolve the Issue Directly with the Debt Collector
One option is to resolve the issue directly with the debt collector. You can do this in a few different ways. Here are some examples:
- Send a Written Demand. You can send a written demand to the debt collector to stop their illegal behavior. If you suffer any loss you can demand that they compensate you or you will take legal action. If you go this route, send the letter by certified mail to have proof of the delivery of the letter.
- Send a Cease-and-desist letter. If the only thing you are looking to do is stop them from contacting you, send them a cease and desist letter. Debt collectors must respect any request to end all communication.
Note: This does not remove your responsibility to pay any legitimate debt.
- Discuss Settlement Options. This is a good option if you have a larger debt and clear proof of the violation. A debt collector may consider settling your debt at a discount to avoid a lawsuit or other adverse action.
Request Assistance
It’s ok to ask for help when dealing with a potential FDCPA claim. Here are a couple of ways you can get assistance in resolving an FDCPA claim without filing a lawsuit.
- Hire an Attorney. An attorney can help you in many ways. They can communicate directly with the debt collector which may lead to a quick resolution. They can also provide you with guidance on how to handle your FDCPA violation.
- Seek Federal Government Assistance. Two federal agencies can assist you in resolving a debt collector violation. You can submit a complaint to the Federal Trade Commission (FTC) which enforces the FDCPA. You can also submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB).
Note: You can even have an attorney file a lawsuit and still settle your claim with the debt collector before going to court.
Conclusion
When it comes to debt both parties have certain responsibilities. For the debt collector, they must ensure that the collection process is fair and professional. If they do not, you now know several ways to resolve an FDCPA claim.
However, if these options do not work, you may need to file a lawsuit. Or, you may just have some questions about how to handle an FDCPA violation. If either of these is the case, request a consultation with a consumer rights attorney. They can assist you in effectively resolving a debt collection violation of the FDCPA.
Additional Resources