Consumers are protected by the Fair Debt Collection Practices Act (FDCPA). The FDCPA was enacted to protect consumers from unscrupulous and deceiving debt collection practices. If a debt collection agency violates the FDCPA, you can take legal action against the them.
Whether you choose to sue a collection agency or file a formal complaint against them with a government entity is up to you and depends on the goals you have regarding your specific situation.
Sue A Collection Agency for Violating the FDCPA
If you have been harassed by a debt collector, you can take legal action. The FDCPA says that the collection agency must adhere to professional, non-harassing collection tactics.
Part of the act applies to communication tactics and allows calls only between 8 a.m. and 9 p.m., which means unless you have told the debt collector they can call you outside those hours, they are violating the FDCPA.
You can tell the collection agency not to call during specific hours that are inconvenient, and they are supposed to abide by your request.
You can sue a collection agency for calling outside the allowable hours since they would be violating the federal laws that apply to the communication tactics of collecting a debt.
You should know that a debt collector cannot repeatedly call you to harass you. This means you should make note of every call you receive, so if it seems that you are being called too often, you will have supporting evidence.
What Are My Options For Suing A Collection Agency After A FDCPA Violation?
If you are going to sue a collection agency for calling at odd hours, you have options. You can file a lawsuit in small claims court. You can represent yourself in this court, but you are very limited in the amount of damages that you can recover.
If you file your lawsuit in state court, you can receive up to $1,000 in statutory damages as well as actual damages and you can request court costs and attorney’s fees.
However, to pursue your case in state court you will need a FDCPA attorney to represent you.
These cases can be complicated, so be sure to maintain documentation to support your claim and to show that the FDCPA was violated by the collection agency. Document dates, times, and calls details. Record calls and keep voicemails.
Consult With A FDCPA Attorney
If a collection agency has been calling you at odd hours, you might want to sue them. Consult with a FDCPA attorney about the matter.
With the help of a FDCPA lawyer, you can sue a collection agency for calling at odd hours and violating the FDCPA. Usually, the attorney’s fees and legal costs can be recovered through the lawsuit, so you have nothing to lose.
Schedule your free case evaluation today, so you can get your lawsuit against a collection agency on track and you can stop the harassment dead in its track.