ABC News reports recently that 'Allegations of abusive practices by the private debt collection industry drove complaints to the Federal Trade Commission to record highs last year, a new report reveals.'
This report is no surprise to the millions of Americans who are harassed by debt collectors on a daily basis.
While this ABC report is largely bad news. If you are a consumer being abused by debt collectors then I have good news for you today. You can fight back against this harassment. You have the right to bring a federal lawsuit for money damages against abusive debt collectors.
The Fair Debt Collection Practices Act, known as the FDCPA, provides debtors with right to sue debt collectors in federal court for abusive, unfair and deceptive collection practices. You can recover up to $1000 in statutory damages against the debt collector. Statutory damages are similar to a fine. If the debt collector causes you emotional distress or wrongfully deprives you of money or causes a wrongful denial of credit you can recover more than $1000. When you win your case the debt collector also has to pay your attorney's fees and costs.
If a debt collector is sending you letters or calling you, you should contact a consumer lawyer.
Consumer protection lawyer Sonya A. Smith-Valentine has posted on her outstanding website some tips for consumers dealing with debt collectors. She recommends the following tips.
1. Save copies of all letters and notices from collection agencies.
2. Save all telephone and voice mail messages from bill collectors.
3. Take notes of your conversations with the debt collector, including the date, time, telephone number, and name of the collector.
4. Send a dispute and verification letter to the debt collector by certified mail, return receipt requested.
These are great tips from a great consumer advocate. Make sure to save this information and share your story with a consumer protection lawyer. You can share your story with me. I will help you or refer you to a consumer protection lawyer or agency that can help you.
Mark T. Lavery
