WHAT IF A BILL COLLECTOR VIOLATES THE FDCPA?

Las Vegas Bankruptcy

If a bill collector violates the FDCPA, contact a Las Vegas Bankruptcy attorney or call the Federal Trade Commission’s consumer response center. Their phone number is 1-877-FTC-HELP (382-4357). You might actually be able to sue the bill collector or collection agency for misconduct. The key is to have proper evidence, and I find that a telephone recording device can be good investment if you find a collector repeatedly violating these laws.

The FDCPA specifically provides for suing bill collectors to receive actual damages, which means you can potentially recoup any amount you have paid out of pocket as a result of the violation. You probably won’t have any actual damages, unless the stress from all the abuse has made you ill and you needed medical care. But the best part is that, in addition to the actual damages, the act also allows for a penalty of up to $1,000 per violation. And if you hire an attorney to fight them and win, the creditor may be required to pay all your legal fees.

Someday, if the flood of bankruptcies ever slows down, or if the new law dramatically changes debtors’ options, bankruptcy attorneys will probably spend more time forcing bill collectors’ compliance with the FDCPA. Debtors have a hard time navigating the system on their own, and I don’t like to see anyone go into court without a lawyer. Its way to scary.

But the FDCPA makes having a lawyer possible. Since the judge can order all your legal fees to be paid by the collection agency, your attorney may take the case on a contingency basis, knowing that he or she will be paid in addition to the restitution paid to you. If more attorneys and their clients pursue these violations, it might even keep the big collection agencies from insisting on illegal and aggressive behavior in their employees, like my poor debt collector client.

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