FDCPA Violations
We protect consumers from abusive debt collection practices. Debt collection is a multi-billion dollar competitive industry and the industry’s profits are based upon the amounts collected. This scenario creates the perfect storm for the use of abusive tactics in attempting to collect debts. Congressional findings that the use of abusive, deceptive, and unfair debt collection practices among the industry contributes to a number of personal bankruptcies, marital instability, the loss of jobs, and invasions of personal privacy led to the enactment of the federal Fair Debt Collection Practices Act (FDCPA).
The FDCPA requires debt collectors to treat consumers with respect, fairness, and dignity and provides they must be truthful and non-threatening. Congress gave the power to police the debt collectors to the people and, if the debt collector violates the FDCPA, the consumer has the right to sue in federal or state court. In order to have a claim under the FDCPA, the following elements must be present:
The debt must be primarily for personal, family, or household purposes; The collector must be collecting on the debt of another; and A violation of the Act.
Common examples of FDCPA violations include:calling family, friends, neighbors, employers, or other third persons to collect the debt; contacting consumers at work when it is known the consumer is not allowed to receive calls there; calling debtors at any time known to be inconvenient; calling debtors names or otherwise being disrespect; lying to or threatening the debtor; or constantly calling or otherwise harassing the debtor.
The State of Florida has given its citizens even greater protections which prevent the same type of behavior by abusive collection practices of the original creditor.
Both the FDCPA and Florida’s Consumer Collection Practices Act allow the abused consumer to recover statutory damages up to $1,000 and all actual damages sustained. These Acts also allow the consumers to recover their attorney’s fees and costs incurred in bringing the lawsuit.
If you believe you have been a victim of abusive debt collection, please speak with one of our attorneys at the Dellutri Law Group to discuss your rights!
The FDCPA requires debt collectors to treat consumers with respect, fairness, and dignity and provides they must be truthful and non-threatening. Congress gave the power to police the debt collectors to the people and, if the debt collector violates the FDCPA, the consumer has the right to sue in federal or state court. In order to have a claim under the FDCPA, the following elements must be present:
The debt must be primarily for personal, family, or household purposes; The collector must be collecting on the debt of another; and A violation of the Act.
Common examples of FDCPA violations include:calling family, friends, neighbors, employers, or other third persons to collect the debt; contacting consumers at work when it is known the consumer is not allowed to receive calls there; calling debtors at any time known to be inconvenient; calling debtors names or otherwise being disrespect; lying to or threatening the debtor; or constantly calling or otherwise harassing the debtor.
The State of Florida has given its citizens even greater protections which prevent the same type of behavior by abusive collection practices of the original creditor.
Both the FDCPA and Florida’s Consumer Collection Practices Act allow the abused consumer to recover statutory damages up to $1,000 and all actual damages sustained. These Acts also allow the consumers to recover their attorney’s fees and costs incurred in bringing the lawsuit.
If you believe you have been a victim of abusive debt collection, please speak with one of our attorneys at the Dellutri Law Group to discuss your rights!