General Rule: If you want to file a claim under the FDCPA, you will need to gather enough evidence to prove that a violation occurred.
When it comes to debts, pay careful attention to a debt collector’s actions. Most people are not thrilled to receive a call from a debt collector. However, some people have a far more upsetting experience. They may be subject to endless calls, harassing conversations and more.
However, if you are dealing with an abusive debt collector you are not helpless. The Fair Debt Collection Practices Act (FDCPA) protects against harassment, abuse and deception from a debt collector. Specifically, the FDCPA provides protections against third-party debt collectors, not the original creditor.
This article will inform you on what is a violation, what type of evidence you need and other advice for starting a claim. Read on to learn how to get the process started for filing an FDCPA claim.
Reasons for an FDCPA Claim
The first thing you need to understand is whether you even have an FDCPA claim. In addition to the type of debt collector, you can only file an FDCPA claim for personal debt. Some examples of personal debt include:
- Credit Cards
- Past Due Rent
- Personal Loans
- Mortgages
- Car Loans
- Student Loans
- Medical Bills
If these two elements are in place, you then must determine if the debt collector violated any provisions under the FDCPA. Broadly speaking, FDCPA violations fall under three general categories. Those categories include:
- Deceptive Conduct. Deception can take on various forms from a debt collector. For instance, they may make false threats or other untrue statements to get you to pay a debt. Also, they may try to manipulate how much you owe with illegal charges and fees.
- General Harassment. There are many different ways a debt collector can harass you. They may call you excessively, at inconvenient times or leave you multiple voicemails. They may even resort to profane language or various types of threats.
- Publicizing Your Debt. It is illegal for a debt collector to coerce you into making a payment by trying to embarrass you. Most often a debt collector does this by disclosing your debt to others. They may do this privately or by mailing you communication in a way that shows you owe a debt.
Getting Your Claim Started
If you identified a violation, it is time to start preparing to file an FDCPA claim. The first thing you need to make sure to do is gather and save evidence. If you do not have enough evidence, it will be an uphill battle to file a successful FDCPA claim.
Depending on your violation, there are different types of evidence you will want to gather. Some examples include the following:
- Correspondence from the debt collector
- Voicemails
- Call Log
You will also want to take thorough notes. This will assist you in detailing your violation in a lawsuit. You will want to take notes of any conversation the debt collector had with you or another third party. Your notes should include:
- The person you spoke with
- The time and date of the conversation
- What the debt collector said during the conversation
Once a debt collection violation occurs, consider discussing it with an attorney who specializes in cases against collection agencies. They can review your evidence and let you know what other steps you need to take. If you decide to file a claim they can represent you. Also, thanks to the FDCPA, if you are successful the debt collector will have to pay your attorney fees.
An attorney may also advise you to take other action before filing a lawsuit. For instance, you may get a quicker resolution by sending a cease-and-desist letter. You can also file a complaint with the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau.
Conclusion
Some debt collectors will try to take advantage of consumers and unethically pressure them to pay a debt. They often will resort to various harassing and abusive tactics.
If you find yourself in a similar situation, take action today. If you need assistance with your FDCPA claim, request a consultation with a consumer rights attorney.