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Yes, you can sue a collection agency for violating the FDCPA or Fair Debt Collections Practices Act. Schedule a free consultation and find out if you have a claim. 1-877-963-9543
If you do have a claim we will file a civil lawsuit against the debt collector for statutory damages for up to $1,000 plus our attorney fees and costs plus any additional damages. During your free consultation we will discuss the evidence that you have against the debt collector like the dates and times of the phone calls, the time of the phone calls, the name of the collection agency and the name of the person you spoke with and the details about what the alleged violations of the debt collector. Keep in mind that a third party can sue the collection agency too. If the collection agency violates the FDCPA by calling your family member, the receptionist at work or neighbor they can also have a claim for damages.
You Do Not Pay Our Attorney Fees: If we are successful the collection agency will have to pay our attorney fees.
Damages That Can Be Awarded
Statutory Damages: The Fair Debt Collections Practices Act provides for statutory damages of up to $1,000 from the collection agency if a violation of the FDCPA is proven. The amount awarded could be less though and is only per lawsuit and not per violation.
Attorney Fees and Costs: If a violation of the FDCPA is proven the court may make the collection agency pay our attorney fees and costs. The law is designed to provide for attorney fees and cost because it is assumed that you are probably not in the financial position to pay for the attorney fees and costs to file the lawsuit. The lack of funds to pay attorney fees and costs should not be a reason to allow violations of the FDCPA to go unpunished.
Damages for Physical Distress, Emotional Distress, Lost Wages or Garnished Wages: If you have suffered actual documentable physical damage as a result of the collection calls or collection agencies conduct you may recover additional damages. You will need to seek a qualified doctor. Emotional distress can be caused by relentless phone calls. If you marriage or other relationships have suffered because of the relentless phone calls damages may be recovered. Phone calls to coworkers or other third parties can be extremely destructive and cause emotional distress. If the collection agencies phone calls to you are work or your coworkers disrupts productivity damages for lost wages may be available.
Injunctive Remedies: The court can order the debt collector to cease and desist from making any phone calls to your home, friends, neighbors, family or any other person they are harassing. The court can order the collection agency to cease and desist from sending any further communications by mail.
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