Constant pestering by a debt collection agency in an attempt to recover debts may be illegal according to a federal law, the Fair Debt Collection Practices Act (FDCPA). This federal law, as well as similar laws regulating the activities of debt collectors in many states is specifically targeted at debt collectors who hound a debtor night and day about the debt they owe to a third party creditor.
You are able to report a violation of the FDCPA or an equivalent state law to a federal or state agency responsible for regulating debt collection agency activity and behavior. These agencies can penalize the debt collector. You can also sue the collector citing unfair and illegal activity. It is best to use an attorney if you wish to pursue your own lawsuit.
How to Report a FDCPA Violation by Linebarger, Goggan, Blair & Sampson LLP
As the FDCPA is a federal law, any violation of it should be reported to the federally appointed regulator of financial practices. This is the Consumer Financial Protection Bureau (CFPB).
The Federal Trade Commission (FTC) will also investigate wrongdoing by a debt collector, i.e. a violation of the FDCPA. These agencies can impose penalties on a debt collector, such as fines.
Many states have separate but complimentary laws that prohibit unfair activity by debt collectors. You can report a debt collector’s actions direct to your own state Attorney General’s Office. The Attorney General can investigate unfair activity and impose its own sanctions.
How the Better Business Bureau Can Help in Negotiations Over Disputes
If you have been involved in a rancorous dispute with a debt collector like Lineberger, Goggan, Blair & Sampson LLP, you may be able to resolve the dispute through the help of the Better Business Bureau (BBB). The BBB can arrange a mediation session between you and a representative from the debt collection service if things haven’t gone too far. The BBB is unable to sanction a debt collector for unfair activity against a debtor, but it can alert other consumers, who may become debtors about the activity of that particular company.
Filing a Lawsuit Against Linebarger, Goggan, Blair & Sampson LLP
You are entitled to sue the debt collector if you have sufficient proof that their contact with you breaches the FDCPA. If you win the lawsuit, the maximum amount you can claim is limited to $1,000, which isn’t a lot, but may be enough to curtail unpleasant activity by the collector. You have a maximum of 1 year to file a lawsuit with either a federal or state civil court with evidence of unnecessary and illegal behavior.
A successful lawsuit may help to prevent further intrusion on your private life, but does not in itself remove your legal responsibility to repay a debt you have incurred.
How a Lawyer Can Help With a Claim for a FDCPA Violation
You are strongly advised to have legal representation throughout the process of filing a lawsuit against a debt collector for violation of the FDCPA. Complete the Free Case Evaluation on this page today!
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Linebarger, Goggan, Blair & Sampson LLP, or any other third-party collection agency, you may not be entitled to any compensation.