![Where To Report FDCPA Violation]()
General Rule: You can report a violation of the FDCPA to the debt collector, federal agencies and sometimes your state’s government. You can also report a violation to the Better Business Bureau or even file a lawsuit.
When a collection agency manages an account, it should act in a professional manner. This means treating you with respect and being truthful in their communications about your debt. However, sometimes a debt collector can engage in abusive and deceptive practices.
The Fair Debt Collection Practices Act (FDCPA) prohibits various abusive practices that debt collectors attempt. Generally, a debt collector must refrain from harassing you or engaging in any scheme to deceive you into paying a debt. To do otherwise is a violation of the FDCPA.
As soon as you identify a violation you should take action. There are various ways you can report an FDCPA violation. The below information will detail the best ways to report a violation of the FDCPA.
Did a Debt Collector Violate the FDCPA?
The first thing you need to do is confirm that a violation of the FDCPA occurred. There are various types of illegal conduct that falls under the scope of the FDCPA. While this is not an exhaustive list, the primary types of violations under the FDCPA are as follows:
- Violations Using Deceit. A debt collector might try to trick you into paying more than you owe. Or they may misrepresent who they are or potential consequences to coerce you into making a payment.
- Violations of Disclosure. A debt collector cannot disclose your debt to others with only limited exceptions. To publicize your debt or tell a third party (even indirectly) is a violation.
- Harassment Violations. This is the broadest category and includes excessive calls, calls at odd times and use of obscene language.
A reportable offense under the FDCPA must be a violation from a third-party debt collector, not the original creditor. Also, the violation must involve personal (e.g., credit cards, medical bills, etc.) not business debt.
Reporting an FDCPA Claim
You have more than one option when it comes to reporting a violation of the FDCPA. Here are some options for reporting an FDCPA claim.
- Federal Agencies. There are two federal agencies you can report an FDCPA claim to. The first, the Federal Trade Commission (FTC), handles the enforcement of the FDCPA. You also can submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB).
- State Agencies. Typically each state has an office that accepts complaints regarding violations. Many of these states incorporate the provisions of the FDCPA. Check with your local Attorney General or Department of Justice. These are the two most likely state agencies to address an FDCPA claim.
- Better Business Bureau. While they do not handle FDCPA claims, you can still report a violation to them. They may be able to assist you in resolving your issues with the debt collector. It will also document the issues with the debt collector and make it available to others.
- Debt Collector. While this may sound counterintuitive, it may be a good idea. Sometimes a debt collector is unaware of the actions of their employees. Notifying them directly may put an end to the illegal activity. You can also send them a cease-and-desist letter to stop all communication or negotiate a favorable settlement.
You can also “report” an FDCPA violation by filing a lawsuit. You can submit a civil complaint to the court outlining the violations committed by the debt collector. If you provide sufficient proof a court can order a debt collector to stop the illegal conduct. They can also order the debt collector to compensate you in various ways depending on the specific facts of your case.
Note: There is a statute of limitations on when you can file a lawsuit. For the FDCPA, you must file a lawsuit within one year of the violation. However, the statute of limitations does not limit you from using these other options to report an FDCPA violation.
Conclusion
If a debt collector violates your rights under the FDCPA, you have several different options for reporting them. Depending on the violation and debt collector, some options may be more effective than others.
Of course, if you want direction on how you should report the violation, discuss your case with a consumer rights attorney. After evaluating your case and evidence they can advise you on how to approach the situation.