The Fair Debt Collection Practices Act (FDCPA) was enacted to protect consumers from the unscrupulous actions of debt collectors. The FDCPA has specific guidelines that collection agencies must follow when collecting a debt.
If they violate those laws, you can sue the collection agency. Under the FDCPA, how and when you can be contacted is clearly stated.
A collection agency can contact other people to find out how to contact you, but they cannot tell the individual about your debts or that they are calling to collect a debt.
You Can Sue a Collection Agency For Telling Others About Your Debts
The FDCPA has general limits on contact. When a collection agency contacts other people, they can only do so to find out some basic information about you, such as where you live, your phone number, and where you work.
The general rules are they can’t say they are trying to collect a debt, they can’t contact these people more than once after they have asked for your information.
According to the FDCPA, unless you have indicated otherwise, they can only discuss your debt with you, your spouse, your parents if you are a minor, or your administrator, executor, or guardian.
If you are represented by an attorney regarding the debt, the collection agency can speak to him or her. If the collection agency is aware of your legal representation regarding the debt, they must contact your lawyer instead of you. Only if the lawyer fails to respond within a reasonable timeframe can the collection agency contact you to pursue the debt.
Maintain Documentation So You Can Sue a Collection Agency
If a collection agency is violating the FDCPA, you will need to maintain documentation and evidence to support your claim. Write down every time you receive a call. Include the specifics, such as the date and time, who called, and what was said.
Be sure any friends, relatives, or coworkers who are contacted write down the date and time they were called, who called, the number the call was from, and what was said regarding your debt.
You will need this evidence and documentation to use against the collection agency when you sue them. You will have to show that the FDCPA was violated and that the collection agency told others about your debt.
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Consult With a FDCPA Attorney to Sue a Collection Agency for Telling Others About Your Debt
If a collection agency has told others about your debt, you should consult with a FDCPA attorney. With the help of a lawyer, you can file a lawsuit in the state court.
If you file a FDCPA lawsuit in state court, you can recover $1,000 in statutory damages, recoup compensation for your actual damages, and request that the collection agency cover attorney’s fees and legal expenses.
You have nothing to lose, so get your free case evaluation today. Enlist the help of a FDCPA attorney to sue a collection agency for telling others about your debts.
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